U.S. Congress - Text of S.1 as Enrolled Bill Honest Leadership and Open Government Act of 2007
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Donate NowS.1 - Honest Leadership and Open Government Act of 2007
A bill to provide greater transparency in the legislative process.
| Version | Word Count | Changes From Previous Version | Percent Change |
|---|---|---|---|
| Placed on Calendar Senate | 9,908 | n/a | n/a |
| Engrossed in Senate | 15,647 | 326 | 66% |
| Engrossed Amendment House | 20,662 | 527 | 92% |
| Enrolled Bill | 19,974 | 16 Show Changes Hide Changes | 1% |
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H 1 EAH
Begun and held at the City of Washington on Thursday,CommentsClose CommentsPermalink
the fourth day of January, two thousand and sevenCommentsClose CommentsPermalink
An ActCommentsClose CommentsPermalink
To provide greater transparency in the legislative process', do pass with the followingAMENDMENT:Strike out all after the enacting clause and insert:.CommentsClose CommentsPermalink
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `Honest Leadership and Open Government Act of 2007'.CommentsClose CommentsPermalink
(b) Table of Contents- The table of contents for this Act is as follows:CommentsClose CommentsPermalink
Sec. 1. Short title and table of contents.CommentsClose CommentsPermalink
TITLE I--CLOSING THE REVOLVING DOOR
Sec. 101. Amendments to restrictions on former officers, employees, and elected officials of the executive and legislative branches.CommentsClose CommentsPermalink
Sec. 102. Wrongfully influencing a private entity's employment decisions or practices.CommentsClose CommentsPermalink
Sec. 103. Notification of post-employment restrictions.CommentsClose CommentsPermalink
Sec. 104. Exception to restrictions on former officers, employees, and elected officials of the executive and legislative branch.CommentsClose CommentsPermalink
Sec. 105. Effective date.CommentsClose CommentsPermalink
TITLE II--FULL PUBLIC DISCLOSURE OF LOBBYING
Sec. 201. Quarterly filing of lobbying disclosure reports.CommentsClose CommentsPermalink
Sec. 202. Additional disclosure.CommentsClose CommentsPermalink
Sec. 203. Semiannual reports on certain contributions.CommentsClose CommentsPermalink
Sec. 204. Disclosure of bundled contributions.CommentsClose CommentsPermalink
Sec. 205. Electronic filing of lobbying disclosure reports.CommentsClose CommentsPermalink
Sec. 206. Prohibition on provision of gifts or travel by registered lobbyists to Members of Congress and to congressional employees.CommentsClose CommentsPermalink
Sec. 207. Disclosure of lobbying activities by certain coalitions and associations.CommentsClose CommentsPermalink
Sec. 208. Disclosure by registered lobbyists of past executive branch and congressional employment.CommentsClose CommentsPermalink
Sec. 209. Public availability of lobbying disclosure information; maintenance of information.CommentsClose CommentsPermalink
Sec. 210. Disclosure of enforcement for noncompliance.CommentsClose CommentsPermalink
Sec. 211. Increased civil and criminal penalties for failure to comply with lobbying disclosure requirements.CommentsClose CommentsPermalink
Sec. 212. Electronic filing and public database for lobbyists for foreign governments.CommentsClose CommentsPermalink
Sec. 213. Comptroller General audit and annual report.CommentsClose CommentsPermalink
Sec. 214. Sense of Congress.CommentsClose CommentsPermalink
Sec. 215. Effective date.CommentsClose CommentsPermalink
TITLE III--MATTERS RELATING TO THE HOUSE OF REPRESENTATIVES
Sec. 301. Disclosure by Members and staff of employment negotiations.CommentsClose CommentsPermalink
Sec. 302. Prohibition on lobbying contacts with spouse of Member who is a registered lobbyist.CommentsClose CommentsPermalink
Sec. 303. Treatment of firms and other businesses whose members serve as House committee consultants.CommentsClose CommentsPermalink
Sec. 304. Posting of travel and financial disclosure reports on public website of Clerk of the House of Representatives.CommentsClose CommentsPermalink
Sec. 305. Prohibiting participation in lobbyist-sponsored events during political conventions.CommentsClose CommentsPermalink
Sec. 306. Exercise of rulemaking Authority.CommentsClose CommentsPermalink
TITLE IV--CONGRESSIONAL PENSION ACCOUNTABILITY
Sec. 401. Loss of pensions accrued during service as a Member of Congress for abusing the public trust.CommentsClose CommentsPermalink
TITLE V--SENATE LEGISLATIVE TRANSPARENCY AND ACCOUNTABILITY
Subtitle A--Procedural Reform
Sec. 511. Amendments to rule XXVIII.CommentsClose CommentsPermalink
Sec. 512. Notice of objecting to proceeding.CommentsClose CommentsPermalink
Sec. 513. Public availability of Senate committee and subcommittee meetings.CommentsClose CommentsPermalink
Sec. 514. Amendments and motions to recommit.CommentsClose CommentsPermalink
Sec. 515. Sense of the Senate on conference committee protocols.CommentsClose CommentsPermalink
Subtitle B--Earmark Reform
Sec. 521. Congressionally directed spending.CommentsClose CommentsPermalink
Subtitle C--Revolving Door Reform
Sec. 531. Post-employment restrictions.CommentsClose CommentsPermalink
Sec. 532. Disclosure by Members of Congress and staff of employment negotiations.CommentsClose CommentsPermalink
Sec. 533. Elimination of floor privileges for former Members, Senate officers, and Speakers of the House who are registered lobbyists or seek financial gain.CommentsClose CommentsPermalink
Sec. 534. Influencing hiring decisions.CommentsClose CommentsPermalink
Sec. 535. Notification of post-employment restrictions.CommentsClose CommentsPermalink
Subtitle D--Gift and Travel Reform
Sec. 541. Ban on gifts from registered lobbyists and entities that hire registered lobbyists.CommentsClose CommentsPermalink
Sec. 542. National party conventions.CommentsClose CommentsPermalink
Sec. 543. Proper valuation of tickets to entertainment and sporting events.CommentsClose CommentsPermalink
Sec. 544. Restrictions on registered lobbyist participation in travel and disclosure.CommentsClose CommentsPermalink
Sec. 545. Free attendance at a constituent event.CommentsClose CommentsPermalink
Sec. 546. Senate privately paid travel public website.CommentsClose CommentsPermalink
Subtitle E--Other Reforms
Sec. 551. Compliance with lobbying disclosure.CommentsClose CommentsPermalink
Sec. 552. Prohibit official contact with spouse or immediate family member of Member who is a registered lobbyist.CommentsClose CommentsPermalink
Sec. 553. Mandatory Senate ethics training for Members and staff.CommentsClose CommentsPermalink
Sec. 554. Annual report by Select Committee on Ethics.CommentsClose CommentsPermalink
Sec. 555. Exercise of rulemaking powers.CommentsClose CommentsPermalink
Sec. 5556. Effective date and general provisions.CommentsClose CommentsPermalink
TITLE VI--PROHIBITED USE OF PRIVATE AIRCRAFT
Sec. 601. Restrictions on Use of Campaign Funds for Flights on Noncommercial Aircraft.CommentsClose CommentsPermalink
TITLE VII--MISCELLANEOUS PROVISIONS
Sec. 701. Sense of the Congress that any applicable restrictions on congressional officials and employees should apply to the executive and judicial branches.CommentsClose CommentsPermalink
Sec. 702. Knowing and willful falsification or failure to report.CommentsClose CommentsPermalink
Sec. 703. Rule of construction.CommentsClose CommentsPermalink
TITLE I--CLOSING THE REVOLVING DOOR
SEC. 101. AMENDMENTS TO RESTRICTIONS ON FORMER OFFICERS, EMPLOYEES, AND ELECTED OFFICIALS OF THE EXECUTIVE AND LEGISLATIVE BRANCHES.
(a) Very Senior Executive Personnel- The matter after subparagraph (C) in
(b) Restrictions on Lobbying by Members of Congress and Employees of Congress- Subsection (e) of
(1) by redesignating paragraph (7) as paragraph (9);CommentsClose CommentsPermalink
(2) by redesignating paragraphs (2) through (6) as paragraphs (3) through (7), respectively;CommentsClose CommentsPermalink
(3) by striking paragraph (1) and inserting the following:CommentsClose CommentsPermalink
`(1) MEMBERS OF CONGRESS AND ELECTED OFFICERS OF THE HOUSE-CommentsClose CommentsPermalink
`(A) SENATORS- Any person who is a Senator and who, within 2 years after that person leaves office, knowingly makes, with the intent to influence, any communication to or appearance before any Member, officer, or employee of either House of Congress or any employee of any other legislative office of the Congress, on behalf of any other person (except the United States) in connection with any matter on which such former Senator seeks action by a Member, officer, or employee of either House of Congress, in his or her official capacity, shall be punished as provided in section 216 of this title.CommentsClose CommentsPermalink
`(B) MEMBERS AND OFFICERS OF THE HOUSE OF REPRESENTATIVES- (i) Any person who is a Member of the House of Representatives or an elected officer of the House of Representatives and who, within 1 year after that person leaves office, knowingly makes, with the intent to influence, any communication to or appearance before any of the persons described in clause (ii) or (iii), on behalf of any other person (except the United States) in connection with any matter on which such former Member of Congress or elected officer seeks action by a Member, officer, or employee of either House of Congress, in his or her official capacity, shall be punished as provided in section 216 of this title.CommentsClose CommentsPermalink
`(ii) The persons referred to in clause (i) with respect to appearances or communications by a former Member of the House of Representatives are any Member, officer, or employee of either House of Congress and any employee of any other legislative office of the Congress.CommentsClose CommentsPermalink
`(iii) The persons referred to in clause (i) with respect to appearances or communications by a former elected officer are any Member, officer, or employee of the House of Representatives.CommentsClose CommentsPermalink
`(2) OFFICERS AND STAFF OF THE SENATE- Any person who is an elected officer of the Senate, or an employee of the Senate to whom paragraph (7)(A) applies, and who, within 1 year after that person leaves office or employment, knowingly makes, with the intent to influence, any communication to or appearance before any Senator or any officer or employee of the Senate, on behalf of any other person (except the United States) in connection with any matter on which such former elected officer or former employee seeks action by a Senator or an officer or employee of the Senate, in his or her official capacity, shall be punished as provided in section 216 of this title.';CommentsClose CommentsPermalink
(4) in paragraph (3) (as redesignated by paragraph (2) of this subsection)--CommentsClose CommentsPermalink
(A) in subparagraph (A), by striking `of a Senator or an employee of a Member of the House of Representatives' and inserting `of a Member of the House of Representatives to whom paragraph (7)(A) applies'; andCommentsClose CommentsPermalink
(B) in subparagraph (B)--CommentsClose CommentsPermalink
(i) in clause (i), by striking `Senator or'; andCommentsClose CommentsPermalink
(ii) in clause (ii), by striking `Senator or';CommentsClose CommentsPermalink
(5) in paragraph (4) (as redesignated by paragraph (2) of this subsection)--CommentsClose CommentsPermalink
(A) by striking `committee of Congress' and inserting `committee of the House of Representatives, or an employee of a joint committee of the Congress whose pay is disbursed by the Clerk of the House of Representatives, to whom paragraph (7)(A) applies'; andCommentsClose CommentsPermalink
(B) by inserting `or joint committee (as the case may be)' after `committee' each subsequent place that term appears;CommentsClose CommentsPermalink
(6) in paragraph (5) (as redesignated by paragraph (2) of this subsection)--CommentsClose CommentsPermalink
(A) in subparagraph (A), by striking `or an employee on the leadership staff of the Senate' and inserting `to whom paragraph (7)(A) applies'; andCommentsClose CommentsPermalink
(B) in subparagraph (B), by striking `the following:' and all that follows through the end of clause (ii) and inserting `any Member of the leadership of the House of Representatives and any employee on the leadership staff of the House of Representatives.';CommentsClose CommentsPermalink
(7) in paragraph (6)(A) (as redesignated by paragraph (2) of this subsection), by inserting `to whom paragraph (7)(B) applies' after `office of the Congress';CommentsClose CommentsPermalink
(8) in paragraph (7) (as redesignated by paragraph (2) of this subsection)--CommentsClose CommentsPermalink
(A) in subparagraph (A), by striking `and (4)' and inserting `(4), and (5)'; andCommentsClose CommentsPermalink
(B) in subparagraph (B)--CommentsClose CommentsPermalink
(i) by striking `(5)' and inserting `(6)';CommentsClose CommentsPermalink
(ii) in subparagraph (B), by striking `(or any comparable adjustment pursuant to interim authority of the President)'; andCommentsClose CommentsPermalink
(iii) by striking `level 5 of the Senior Executive Service' and inserting `level IV of the Executive Schedule';CommentsClose CommentsPermalink
(9) by inserting after paragraph (7) (as redesignated by paragraph (2) of this subsection) the following:CommentsClose CommentsPermalink
`(8) EXCEPTION- This subsection shall not apply to contacts with the staff of the Secretary of the Senate or the Clerk of the House of Representatives regarding compliance with lobbying disclosure requirements under the Lobbying Disclosure Act of 1995.'; andCommentsClose CommentsPermalink
(10) in paragraph (9)(G) (as redesignated by paragraph (1) of this subsection)--CommentsClose CommentsPermalink
(A) by striking `the Copyright Royalty Tribunal,'; andCommentsClose CommentsPermalink
(B) by striking `or (4)' and inserting `(4), or (5)'.CommentsClose CommentsPermalink
SEC. 102. WRONGFULLY INFLUENCING A PRIVATE ENTITY'S EMPLOYMENT DECISIONS OR PRACTICES.
(a) In General- Chapter 11 of title 18, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink
`Sec. 227. Wrongfully influencing a private entity's employment decisions by a Member of Congress
`Whoever, being a Senator or Representative in, or a Delegate or Resident Commissioner to, the Congress or an employee of either House of Congress, with the intent to influence, solely on the basis of partisan political affiliation, an employment decision or employment practice of any private entity--CommentsClose CommentsPermalink
`(1) takes or withholds, or offers or threatens to take or withhold, an official act, orCommentsClose CommentsPermalink
`(2) influences, or offers or threatens to influence, the official act of another,CommentsClose CommentsPermalink
shall be fined under this title or imprisoned for not more than 15 years, or both, and may be disqualified from holding any office of honor, trust, or profit under the United States.'.CommentsClose CommentsPermalink
(b) No Inference- Nothing in
(c) Conforming Amendment- The table of sections for chapter 11 of title 18, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink
`227. Wrongfully influencing a private entity's employment decisions by a Member of Congress.'.CommentsClose CommentsPermalink
SEC. 103. NOTIFICATION OF POST-EMPLOYMENT RESTRICTIONS.
(a) Notification of Post-Employment Restrictions- After a Member of Congress or an elected officer of either House of Congress leaves office, or after the termination of employment with the House of Representatives or the Senate of an employee who is covered under paragraph (2), (3), (4), or (5) of
(b) Posting on Internet- The Clerk of the House of Representatives, with respect to notifications under subsection (a) relating to Members, officers, and employees of the House, and the Secretary of the Senate, with respect to such notifications relating to Members, officers, and employees of the Senate, shall post the information contained in such notifications on the public Internet site of the Office of the Clerk or the Secretary of the Senate, as the case may be, in a format that, to the extent technically practicable, is searchable, sortable, and downloadable.CommentsClose CommentsPermalink
SEC. 104. EXCEPTION TO RESTRICTIONS ON FORMER OFFICERS, EMPLOYEES, AND ELECTED OFFICIALS OF THE EXECUTIVE AND LEGISLATIVE BRANCH.
(a) In General-
(1) by striking `The restrictions' and inserting the following:CommentsClose CommentsPermalink
`(A) IN GENERAL- The restrictions';CommentsClose CommentsPermalink
(2) by moving the remaining text 2 ems to the right; andCommentsClose CommentsPermalink
(3) by adding at the end the following:CommentsClose CommentsPermalink
`(B) TRIBAL ORGANIZATIONS AND INTER-TRIBAL CONSORTIUMS- The restrictions contained in this section shall not apply to acts authorized by section 104(j) of the Indian Self-Determination and Education Assistance Act (
(b) Conforming Amendment- Section 104(j) of the Indian Self-Determination and Education Assistance Act (
`(j) Anything in sections 205 and 207 of title 18, United States Code, to the contrary notwithstanding--CommentsClose CommentsPermalink
`(1) an officer or employee of the United States assigned to a tribal organization (as defined in section 4(l)) or an inter-tribal consortium (as defined in section 501), as authorized under
`(2) a former officer or employee of the United States who is carrying out official duties as an employee or as an elected or appointed official of a tribal organization (as defined in section 4(l)) or inter-tribal consortium (as defined in section 501) may act as agent or attorney for, and appear on behalf of, such tribal organization or intra-tribal consortium in connection with any matter related to a tribal governmental activity or Federal Indian program or service pending before any department, agency, court, or commission, including any matter in which the United States is a party or has a direct and substantial interest: Provided, That such former officer or employee must advise in writing the head of the department, agency, court, or commission with which the former officer or employee is dealing or appearing on behalf of the tribal organization or inter-tribal consortium of any personal and substantial involvement theat he or she may have had as an officer or employee of the United States in connection with the matter involved.'.CommentsClose CommentsPermalink
(c) Effect of Section- Except as expressly identified in this section and in the amendments made by this section, nothing in this section or the amendments made by this section affects any other provision of law.CommentsClose CommentsPermalink
SEC. 105. EFFECTIVE DATE.
(a) Section 101- The amendments made by section 101 shall apply to individuals who leave Federal office or employment to which such amendments apply on or after the date of adjournment of the first session of the 110th Congress sine die or December 31, 2007, whichever date is earlier.CommentsClose CommentsPermalink
(b) Section 102- The amendments made by section 102 shall take effect on the date of the enactment of this Act.CommentsClose CommentsPermalink
(c) Section 103-CommentsClose CommentsPermalink
(1) NOTIFICATION OF POST-EMPLOYMENT RESTRICTIONS- Subsection (a) of section 103 shall take effect on the 60th day after the date of the enactment of this Act.CommentsClose CommentsPermalink
(2) POSTING OF INFORMATION- Subsection (b) of section 103 shall take effect January 1, 2008, except that the Secretary of the Senate and the Clerk of the House of Representatives shall post the information contained in notifications required by that subsection that are made on or after the effective date provided under paragraph (1) of this subsection.CommentsClose CommentsPermalink
(d) Section 104- The amendments made by section 104 shall take effect on the date of the enactment of this Act, except that section 104(j)(2) of the Indian Self-Determination and Education Assistance Act (as amended by section 104(b)) shall apply to individuals who leave Federal office or employment to which such amendments apply on or after the 60th day after the date of the enactment of this Act.CommentsClose CommentsPermalink
TITLE II--FULL PUBLIC DISCLOSURE OF LOBBYING
SEC. 201. QUARTERLY FILING OF LOBBYING DISCLOSURE REPORTS.
(a) Quarterly Filing Required- Section 5 of the Lobbying Disclosure Act of 1995 (
(1) in subsection (a)--CommentsClose CommentsPermalink
(A) by striking `Semiannual' and inserting `Quarterly';CommentsClose CommentsPermalink
(B) by striking `45 days' and all that follows through `section 4,' and inserting `20 days after the end of the quarterly period beginning on the first day of January, April, July, and October of each year in which a registrant is registered under section 4, or on the first business day after such 20th day if the 20th day is not a business day,'; andCommentsClose CommentsPermalink
(C) by striking `such semiannual period' and inserting `such quarterly period'; andCommentsClose CommentsPermalink
(2) in subsection (b)--CommentsClose CommentsPermalink
(A) in the matter preceding paragraph (1), by striking `semiannual report' and inserting `quarterly report';CommentsClose CommentsPermalink
(B) in paragraph (2), by striking `semiannual filing period' and inserting `quarterly period';CommentsClose CommentsPermalink
(C) in paragraph (3), by striking `semiannual period' and inserting `quarterly period'; andCommentsClose CommentsPermalink
(D) in paragraph (4), by striking `semiannual filing period' and inserting `quarterly period'.CommentsClose CommentsPermalink
(b) Conforming Amendments-CommentsClose CommentsPermalink
(1) DEFINITION- Section 3(10) of the Lobbying Disclosure Act of 1995 (
(2) REGISTRATION- Section 4 of the Lobbying Disclosure Act of 1995 (
(A) in subsection (a)(1), by inserting after `earlier,' the following: `or on the first business day after such 45th day if the 45th day is not a business day,'; andCommentsClose CommentsPermalink
(B) in subsection (a)(3)(A), by striking `semiannual period' and inserting `quarterly period'.CommentsClose CommentsPermalink
(3) ENFORCEMENT- Section 6 of the Lobbying Disclosure Act of 1995 (
(4) ESTIMATES- Section 15 of the Lobbying Disclosure Act of 1995 (
(A) in subsection (a)(1), by striking `semiannual period' and inserting `quarterly period'; andCommentsClose CommentsPermalink
(B) in subsection (b)(1), by striking `semiannual period' and inserting `quarterly period'.CommentsClose CommentsPermalink
(5) DOLLAR AMOUNTS- Section 4 of the Lobbying Disclosure Act of 1995 (
(A) in subsection (a)(3)(A)(i), by striking `$5,000' and inserting `$2,500';CommentsClose CommentsPermalink
(B) in subsection (a)(3)(A)(ii), by striking `$20,000' and inserting `$10,000';CommentsClose CommentsPermalink
(C) in subsection (b)(3)(A), by striking `$10,000' and inserting `$5,000'; andCommentsClose CommentsPermalink
(D) in subsection (b)(4), by striking `$10,000' and inserting `$5,000'.CommentsClose CommentsPermalink
(6) REPORTS- Section 5(c) of the Lobbying Disclosure Act of 1995 (
(A) in paragraph (1), by striking `$10,000' and `$20,000' and inserting `$5,000' and `$10,000', respectively; andCommentsClose CommentsPermalink
(B) in paragraph (2), by striking `$10,000' both places such term appears and inserting `$5,000'.CommentsClose CommentsPermalink
SEC. 202. ADDITIONAL DISCLOSURE.
Section 5(b) of Tthe Lobbying Disclosure Act of 1995 (
(1) in paragraph (3), by striking `and' after the semicolon;CommentsClose CommentsPermalink
(2) in paragraph (4), by striking the period and inserting `; and'; andCommentsClose CommentsPermalink
(3) by adding at the end of the following:CommentsClose CommentsPermalink
`(5) for each client, immediately after listing the client, an identification of whether the client is a State or local government or a department, agency, special purpose district, or other instrumentality controlled by one or more State or local governments.'.CommentsClose CommentsPermalink
SEC. 203. SEMIANNUAL REPORTS ON CERTAIN CONTRIBUTIONS.
(a) Other Contributions- Section 5 of the Lobbying Disclosure Act of 1995 (
`(d) Semiannual Reports on Certain Contributions-CommentsClose CommentsPermalink
`(1) IN GENERAL- Not later than 30 days after the end of the semiannual period beginning on the first day of January and July of each year, or on the first business day after such 30th day if the 30th day is not a business day, each person or organization who is registered or is required to register under paragraph (1) or (2) of section 4(a), and each employee who is or is required to be listed as a lobbyist under section 4(b)(6) or subsection (b)(2)(C) of this section, shall file a report with the Secretary of the Senate and the Clerk of the House of Representatives containing--CommentsClose CommentsPermalink
`(A) the name of the person or organization;CommentsClose CommentsPermalink
`(B) in the case of an employee, his or her employer;CommentsClose CommentsPermalink
`(C) the names of all political committees established or controlled by the person or organization;CommentsClose CommentsPermalink
`(D) the name of each Federal candidate or officeholder, leadership PAC, or political party committee, to whom aggregate contributions equal to or exceeding $200 were made by the person or organization, or a political committee established or controlled by the person or organization within the semiannual period, and the date and amount of each such contribution made within the semiannual period;CommentsClose CommentsPermalink
`(E) the date, recipient, and amount of funds contributed or disbursed during the semiannual period by the person or organization or a political committee established or controlled by the person or organization--CommentsClose CommentsPermalink
`(i) to pay the cost of an event to honor or recognize a covered legislative branch official or covered executive branch official;CommentsClose CommentsPermalink
`(ii) to an entity that is named for a covered legislative branch official, or to a person or entity in recognition of such official;CommentsClose CommentsPermalink
`(iii) to an entity established, financed, maintained, or controlled by a covered legislative branch official or covered executive branch official, or an entity designated by such official; orCommentsClose CommentsPermalink
`(iv) to pay the costs of a meeting, retreat, conference, or other similar event held by, or in the name of, 1 or more covered legislative branch officials or covered executive branch officials,CommentsClose CommentsPermalink
except that this subparagraph shall not apply if the funds are provided to a person who is required to report the receipt of the funds under section 304 of the Federal Election Campaign Act of 1971 (
`(F) the name of each Presidential library foundation, and each Presidential inaugural committee, to whom contributions equal to or exceeding $200 were made by the person or organization, or a political committee established or controlled by the person or organization, within the semiannual period, and the date and amount of each such contribution within the semiannual period; andCommentsClose CommentsPermalink
`(G) a certification by the person or organization filing the report that the person or organization--CommentsClose CommentsPermalink
`(i) has read and is familiar with those provisions of the Standing Rules of the Senate and the Rules of the House of Representatives relating to the provision of gifts and travel; andCommentsClose CommentsPermalink
`(ii) has not provided, requested, or directed a gift, including travel, to a Member of Congress or an officer or employee of either House of Congress with knowledge that receipt of the gift would violate rule XXXV of the Standing Rules of the Senate or rule XXV of the Rules of the House of Representatives.CommentsClose CommentsPermalink
`(2) DEFINITION- In this subsection, the term `leadership PAC' has the meaning given such term in section 304(i)(8)(B) of the Federal Election Campaign Act of 1971.'.CommentsClose CommentsPermalink
(b) Effective Date- The amendment made by subsection (a) shall apply with respect to the first semiannual period described in section 5(d)(1) of the Lobbying Disclosure Act of 1995 (as added by this section) that begins after the date of the enactment of this Act and each succeeding semiannual period.CommentsClose CommentsPermalink
(c) Report on Requiring Quarterly Reports- The Clerk of the House of Representatives and the Secretary of the Senate shall submit a report to the Congress, not later than 1 year after the date on which the first reports are required to be made under section 5(d) of the Lobbying Disclosure Act of 1995 (as added by this section), on the feasibility of requiring the reports under such section 5(d) to be made on a quarterly, rather than a semiannual, basis.CommentsClose CommentsPermalink
(d) Sense of Congress- It is the sense of the Congress that after the end of the 2-year period beginning on the day on which the amendment made by subsection (a) of this section first applies, the reports required under section 5(d) of the Lobbying Disclosure Act of 1995 (as added by this section) should be made on a quarterly basis if it is practicably feasible to do so.CommentsClose CommentsPermalink
SEC. 204. DISCLOSURE OF BUNDLED CONTRIBUTIONS.
(a) Disclosure- Section 304 of the Federal Election Campaign Act of 1971 (
`(i) Disclosure of Bundled Contributions-CommentsClose CommentsPermalink
`(1) REQUIRED DISCLOSURE- Each committee described in paragraph (6) shall include in the first report required to be filed under this section after each covered period (as defined in paragraph (2)) a separate schedule setting forth the name, address, and employer of each person reasonably known by the committee to be a person described in paragraph (7) who provided 2 or more bundled contributions to the committee in an aggregate amount greater than the applicable threshold (as defined in paragraph (3)) during the covered period, and the aggregate amount of the bundled contributions provided by each such person during the covered period.CommentsClose CommentsPermalink
`(2) COVERED PERIOD- In this subsection, a `covered period' means, with respect to a committee--CommentsClose CommentsPermalink
`(A) the period beginning January 1 and ending June 30 of each year;CommentsClose CommentsPermalink
`(B) the period beginning July 1 and ending December 31 of each year; andCommentsClose CommentsPermalink
`(C) any reporting period applicable to the committee under this section during which any person described in paragraph (7) provided 2 or more bundled contributions to the committee in an aggregate amount greater than the applicable threshold.CommentsClose CommentsPermalink
`(3) APPLICABLE THRESHOLD-CommentsClose CommentsPermalink
`(A) IN GENERAL- In this subsection, the `applicable threshold' is $15,000, except that in determining whether the amount of bundled contributions provided to a committee by a person described in paragraph (7) exceeds the applicable threshold, there shall be excluded any contribution made to the committee by the person or the person's spouse.CommentsClose CommentsPermalink
`(B) INDEXING- In any calendar year after 2007, section 315(c)(1)(B) shall apply to the amount applicable under subparagraph (A) in the same manner as such section applies to the limitations established under subsections (a)(1)(A), (a)(1)(B), (a)(3), and (h) of such section, except that for purposes of applying such section to the amount applicable under subparagraph (A), the `base period' shall be 2006.CommentsClose CommentsPermalink
`(4) PUBLIC AVAILABILITY- The Commission shall ensure that, to the greatest extent practicable--CommentsClose CommentsPermalink
`(A) information required to be disclosed under this subsection is publicly available through the Commission website in a manner that is searchable, sortable, and downloadable; andCommentsClose CommentsPermalink
`(B) the Commission's public database containing information disclosed under this subsection is linked electronically to the websites maintained by the Secretary of the Senate and the Clerk of the House of Representatives containing information filed pursuant to the Lobbying Disclosure Act of 1995.CommentsClose CommentsPermalink
`(5) REGULATIONS- Not later than 6 months after the date of enactment of the Honest Leadership and Open Government Act of 2007, the Commission shall promulgate regulations to implement this subsection. Under such regulations, the Commission--CommentsClose CommentsPermalink
`(A) may, notwithstanding paragraphs (1) and (2), provide for quarterly filing of the schedule described in paragraph (1) by a committee which files reports under this section more frequently than on a quarterly basis;CommentsClose CommentsPermalink
`(B) shall provide guidance to committees with respect to whether a person is reasonably known by a committee to be a person described in paragraph (7), which shall include a requirement that committees consult the websites maintained by the Secretary of the Senate and the Clerk of the House of Representatives containing information filed pursuant to the Lobbying Disclosure Act of 1995;CommentsClose CommentsPermalink
`(C) may not exempt the activity of a person described in paragraph (7) from disclosure under this subsection on the grounds that the person is authorized to engage in fundraising for the committee or any other similar grounds; andCommentsClose CommentsPermalink
`(D) shall provide for the broadest possible disclosure of activities described in this subsection by persons described in paragraph (7) that is consistent with this subsection.CommentsClose CommentsPermalink
`(6) COMMITTEES DESCRIBED- A committee described in this paragraph is an authorized committee of a candidate, a leadership PAC, or a political party committee.CommentsClose CommentsPermalink
`(7) PERSONS DESCRIBED- A person described in this paragraph is any person, who, at the time a contribution is forwarded to a committee as described in paragraph (8)(A)(i) or is received by a committee as described in paragraph (8)(A)(ii), is--CommentsClose CommentsPermalink
`(A) a current registrant under section 4(a) of the Lobbying Disclosure Act of 1995;CommentsClose CommentsPermalink
`(B) an individual who is listed on a current registration filed under section 4(b)(6) of such Act or a current report under section 5(b)(2)(C) of such Act; orCommentsClose CommentsPermalink
`(C) a political committee established or controlled by such a registrant or individual.CommentsClose CommentsPermalink
`(8) DEFINITIONS- For purposes of this subsection, the following definitions apply:CommentsClose CommentsPermalink
`(A) BUNDLED CONTRIBUTION- The term `bundled contribution' means, with respect to a committee described in paragraph (6) and a person described in paragraph (7), a contribution (subject to the applicable threshold) which is--CommentsClose CommentsPermalink
`(i) forwarded from the contributor or contributors to the committee by the person; orCommentsClose CommentsPermalink
`(ii) received by the committee from a contributor or contributors, but credited by the committee or candidate involved (or, in the case of a leadership PAC, by the individual referred to in subparagraph (B) involved) to the person through records, designations, or other means of recognizing that a certain amount of money has been raised by the person.CommentsClose CommentsPermalink
`(B) LEADERSHIP PAC- The term `leadership PAC' means, with respect to a candidate for election to Federal office or an individual holding Federal office, a political committee that is directly or indirectly established, financed, maintained or controlled by the candidate or the individual but which is not an authorized committee of the candidate or individual and which is not affiliated with an authorized committee of the candidate or individual, except that such term does not include a political committee of a political party.'.CommentsClose CommentsPermalink
(b) Effective Date- The amendment made by subsection (a) shall apply with respect to reports filed under section 304 of the Federal Election Campaign Act after the expiration of the 3-month period which begins on the date that the regulations required to be promulgated by the Federal Election Commission under section 304(i)(5) of such Act (as added by subsection (a)) become final.CommentsClose CommentsPermalink
SEC. 205. ELECTRONIC FILING OF LOBBYING DISCLOSURE REPORTS.
Section 5 of the Lobbying Disclosure Act of 1995 (
`(e) Electronic Filing Required- A report required to be filed under this section shall be filed in electronic form, in addition to any other form that the Secretary of the Senate or the Clerk of the House of Representatives may require or allow. The Secretary of the Senate and the Clerk of the House of Representatives shall use the same electronic software for receipt and recording of filings under this Act.'.CommentsClose CommentsPermalink
SEC. 206. PROHIBITION ON PROVISION OF GIFTS OR TRAVEL BY REGISTERED LOBBYISTS TO MEMBERS OF CONGRESS AND TO CONGRESSIONAL EMPLOYEES.
(a) Prohibition- The Lobbying Disclosure Act of 1995 (
`SEC. 25. PROHIBITION ON PROVISION OF GIFTS OR TRAVEL BY REGISTERED LOBBYISTS TO MEMBERS OF CONGRESS AND TO CONGRESSIONAL EMPLOYEES.
`(a) Prohibition- Any person described in subsection (b) may not make a gift or provide travel to a covered legislative branch official if the person has knowledge that the gift or travel may not be accepted by that covered legislative branch official under the Rules of the House of Representatives or the Standing Rules of the Senate (as the case may be).CommentsClose CommentsPermalink
`(b) Persons Subject to Prohibition- The persons subject to the prohibition under subsection (a) are any lobbyist that is registered or is required to register under section 4(a)(1), any organization that employs 1 or more lobbyists and is registered or is required to register under section 4(a)(2), and any employee listed or required to be listed as a lobbyist by a registrant under section 4(b)(6) or 5(b)(2)(C).'.CommentsClose CommentsPermalink
(b) Effective Date- The amendment made by this section shall take effect on the date of the enactment of this Act.CommentsClose CommentsPermalink
SEC. 207. DISCLOSURE OF LOBBYING ACTIVITIES BY CERTAIN COALITIONS AND ASSOCIATIONS.
(a) In General-CommentsClose CommentsPermalink
(1) DISCLOSURE- Section 4(b)(3) of the Lobbying Disclosure Act of 1995 (
(A) by amending subparagraph (A) to read as follows:CommentsClose CommentsPermalink
`(A) contributes more than $5,000 to the registrant or the client in the quarterly period to fund the lobbying activities of the registrant; and'; andCommentsClose CommentsPermalink
(B) by amending subparagraph (B) to read as follows:CommentsClose CommentsPermalink
`(B) actively participates in the planning, supervision, or control of such lobbying activities;'.CommentsClose CommentsPermalink
(2) UPDATING OF INFORMATION- Section 5(b)(1) of the Lobbying Disclosure Act of 1995 (
(b) No Donor or Membership List Disclosure- Section 4(b) of Tthe Lobbying Disclosure Act of 1995 (
`No disclosure is required under paragraph (3)(B) if the organization that would be identified as affiliated with the client is listed on the client's publicly accessible Internet website as being a member of or contributor to the client, unless the organization in whole or in major part plans, supervises, or controls such lobbying activities. If a registrant relies upon the preceding sentence, the registrant must disclose the specific Internet address of the web page containing the information relied upon. Nothing in paragraph (3)(B) shall be construed to require the disclosure of any information about individuals who are members of, or donors to, an entity treated as a client by this Act or an organization identified under that paragraph.'.CommentsClose CommentsPermalink
SEC. 208. DISCLOSURE BY REGISTERED LOBBYISTS OF PAST EXECUTIVE BRANCH AND CONGRESSIONAL EMPLOYMENT.
Section 4(b)(6) of the Lobbying Disclosure Act of 1995 (
SEC. 209. PUBLIC AVAILABILITY OF LOBBYING DISCLOSURE INFORMATION; MAINTENANCE OF INFORMATION.
(a) Public Availability- Section 6 of the Lobbying Disclosure Act of 1995 (
(1) in paragraph (7), by striking `and' at the end;CommentsClose CommentsPermalink
(2) in paragraph (8), by striking the period at the end and inserting a semicolon; andCommentsClose CommentsPermalink
(3) by adding at the end the following new paragraphs:CommentsClose CommentsPermalink
`(9) maintain all registrations and reports filed under this Act, and make them available to the public over the Internet, without a fee or other access charge, in a searchable, sortable, and downloadable manner, to the extent technically practicable, that--CommentsClose CommentsPermalink
`(A) includes the information contained in the registrations and reports;CommentsClose CommentsPermalink
`(B) is searchable and sortable to the maximum extent practicable, including searchable and sortable by each of the categories of information described in section 4(b) or 5(b); andCommentsClose CommentsPermalink
`(C) provides electronic links or other appropriate mechanisms to allow users to obtain relevant information in the database of the Federal Election Commission; andCommentsClose CommentsPermalink
`(10) retain the information contained in a registration or report filed under this Act for a period of 6 years after the registration or report (as the case may be) is filed.'.CommentsClose CommentsPermalink
(b) Availability of Reports- Section 6(4) of the Lobbying Disclosure Act of 1995 (
(c) Authorization of Appropriations- There are authorized to be appropriated such sums as may be necessary to carry out paragraph (9) of section 6 of the Lobbying Disclosure Act of 1995 (
SEC. 210. DISCLOSURE OF ENFORCEMENT FOR NONCOMPLIANCE.
Section 6 of Tthe Lobbying Disclosure Act of 1995 (
(1) by striking `The Secretary' and inserting `(a) In General- The Secretary'; ;CommentsClose CommentsPermalink
(2) in paragraph (9), by striking `and' at the end;CommentsClose CommentsPermalink
(3) in paragraph (10), by striking the period and inserting `; and';CommentsClose CommentsPermalink
(4) by adding after paragraph (10) the following:CommentsClose CommentsPermalink
`(11) make publicly available, on a semiannual basis, the aggregate number of registrants referred to the United States Attorney for the District of Columbia for noncompliance as required by paragraph (8).'; andCommentsClose CommentsPermalink
(5) by adding at the end the following:CommentsClose CommentsPermalink
`(b) Enforcement Report-CommentsClose CommentsPermalink
`(1) REPORT- The Attorney General shall report to the congressional committees referred to in paragraph (2), after the end of each semiannual period beginning on January 1 and July 1, the aggregate number of enforcement actions taken by the Department of Justice under this Act during that semiannual period and, by case, any sentences imposed, except that such report shall not include the names of individuals, or personally identifiable information, that is not already a matter of public record.CommentsClose CommentsPermalink
`(2) COMMITTEES- The congressional committees referred to in paragraph (1) are the Committee on Homeland Security and Governmental Affairs and the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives.'.CommentsClose CommentsPermalink
SEC. 211. INCREASED CIVIL AND CRIMINAL PENALTIES FOR FAILURE TO COMPLY WITH LOBBYING DISCLOSURE REQUIREMENTS.
(a) In General- Section 7 of the Lobbying Disclosure Act of 1995 (
(1) by striking `Whoever' and inserting `(a) Civil Penalty- Whoever';CommentsClose CommentsPermalink
(2) by striking `$50,000' and inserting `$200,000'; andCommentsClose CommentsPermalink
(3) by adding at the end the following:CommentsClose CommentsPermalink
`(b) Criminal Penalty- Whoever knowingly and corruptly fails to comply with any provision of this Act shall be imprisoned for not more than 5 years or fined under title 18, United States Code, or both.'.CommentsClose CommentsPermalink
(b) Effective Date- The amendments made by subsection (a) shall apply to any violation committed on or after the date of the enactment of this Act.CommentsClose CommentsPermalink
SEC. 212. ELECTRONIC FILING AND PUBLIC DATABASE FOR LOBBYISTS FOR FOREIGN GOVERNMENTS.
(a) Electronic Filing- Section 2 of the Foreign Agents Registration Act of 1938, as amended (
`(g) Electronic Filing of Registration Statements and Supplements- A registration statement or supplement required to be filed under this section shall be filed in electronic form, in addition to any other form that may be required by the Attorney General.'.CommentsClose CommentsPermalink
(b) Public Database- Section 6 of the Foreign Agents Registration Act of 1938, as amended (
`(d) Public Database of Registration Statements and Updates-CommentsClose CommentsPermalink
`(1) IN GENERAL- The Attorney General shall maintain, and make available to the public over the Internet, without a fee or other access charge, in a searchable, sortable, and downloadable manner, to the extent technically practicable, an electronic database that--CommentsClose CommentsPermalink
`(A) includes the information contained in registration statements and updates filed under this Act; andCommentsClose CommentsPermalink
`(B) is searchable and sortable, at a minimum, by each of the categories of information described in section 2(a).CommentsClose CommentsPermalink
`(2) ACCOUNTABILITY- The Attorney General shall make each registration statement and update filed in electronic form pursuant to section 2(g) available for public inspection over the Internet as soon as technically practicable after the registration statement or update is filed.'.CommentsClose CommentsPermalink
(c) Effective Date- The amendments made by this section shall take effect on the 90th day after the date of the enactment of this Act.CommentsClose CommentsPermalink
SEC. 213. COMPTROLLER GENERAL AUDIT AND ANNUAL REPORT.
(a) Annual Audits and Reports- The Lobbying Disclosure Act of 1995 (
`SEC. 26. ANNUAL AUDITS AND REPORTS BY COMPTROLLER GENERAL.
`(a) Audit- On an annual basis, the Comptroller General shall audit the extent of compliance or noncompliance with the requirements of this Act by lobbyists, lobbying firms, and registrants through a random sampling of publicly available lobbying registrations and reports filed under this Act during each calendar year.CommentsClose CommentsPermalink
`(b) Reports to Congress-CommentsClose CommentsPermalink
`(1) ANNUAL REPORTS- Not later than April 1 of each year, the Comptroller General shall submit to the Congress a report on the review required by subsection (a) for the preceding calendar year. The report shall include the Comptroller General's assessment of the matters required to be emphasized by that subsection and any recommendations of the Comptroller General to--CommentsClose CommentsPermalink
`(A) improve the compliance by lobbyists, lobbying firms, and registrants with the requirements of this Act; andCommentsClose CommentsPermalink
`(B) provide the Department of Justice with the resources and authorities needed for the effective enforcement of this Act.CommentsClose CommentsPermalink
`(2) ASSESSMENT OF COMPLIANCE- The annual report under paragraph (1) shall include an assessment of compliance by registrants with the requirements of section 4(b)(3).CommentsClose CommentsPermalink
`(c) Access to Information- The Comptroller General may, in carrying out this section, request information from and access to any relevant documents from any person registered under paragraph (1) or (2) of section 4(a) and each employee who is listed as a lobbyist under section 4(b)(6) or section 5(b)(2)(C) if the material requested relates to the purposes of this section. The Comptroller General may request such person to submit in writing such information as the Comptroller General may prescribe. The Comptroller General may notify the Congress in writing if a person from whom information has been requested under this subsection refuses to comply with the request within 45 days after the request is made.'.CommentsClose CommentsPermalink
(b) Initial Audit and Report- The initial audit under subsection (a) of section 26 of the Lobbying Disclosure Act of 1995 (as added by subsection (a) of this section) shall be made with respect to lobbying registrations and reports filed during the first calendar quarter of 2008, and the initial report under subsection (b) of such section shall be filed, with respect to those registrations and reports, not later than 6 months after the end of that calendar quarter.CommentsClose CommentsPermalink
SEC. 214. SENSE OF CONGRESS.
It is the sense of the Congress that--CommentsClose CommentsPermalink
(1) the use of a family relationship by a lobbyist who is an immediate family member of a Member of Congress to gain special advantages over other lobbyists is inappropriate; andCommentsClose CommentsPermalink
(2) the lobbying community should develop proposals for multiple self-regulatory organizations which could--CommentsClose CommentsPermalink
(A) provide for the creation of standards for the organizations appropriate to the type of lobbying and individuals to be served;CommentsClose CommentsPermalink
(B) provide training for the lobbying community on law, ethics, reporting requirements, and disclosure requirements;CommentsClose CommentsPermalink
(C) provide for the development of educational materials for the public on how to responsibly hire a lobbyist or lobby firm;CommentsClose CommentsPermalink
(D) provide standards regarding reasonable fees charged to clients;CommentsClose CommentsPermalink
(E) provide for the creation of a third-party certification program that includes ethics training; andCommentsClose CommentsPermalink
(F) provide for disclosure of requirements to clients regarding fee schedules and conflict of interest rules.CommentsClose CommentsPermalink
SEC. 215. EFFECTIVE DATE.
Except as otherwise provided in sections 203, 204, 206, 211, 212, and 213, the amendments made by this title shall apply with respect to registrations under the Lobbying Disclosure Act of 1995 having an effective date of January 1, 2008, or later and with respect to quarterly reports under that Act covering calendar quarters beginning on or after January 1, 2008.CommentsClose CommentsPermalink
TITLE III--MATTERS RELATING TO THE HOUSE OF REPRESENTATIVES
SEC. 301. DISCLOSURE BY MEMBERS AND STAFF OF EMPLOYMENT NEGOTIATIONS.
(a) In General- The Rules of the House of Representatives are amended by redesignating rules XXVII and XXVIII as rules XXVIII and XXIX, respectively, and by inserting after rule XXVI the following new rule:CommentsClose CommentsPermalink
`RULE XXVII
`Disclosure by Members and Staff of Employment Negotiations
`1. A Member, Delegate, or Resident Commissioner shall not directly negotiate or have any agreement of future employment or compensation until after his or her successor has been elected, unless such Member, Delegate, or Resident Commissioner, within 3 business days after the commencement of such negotiation or agreement of future employment or compensation, files with the Committee on Standards of Official Conduct a statement, which must be signed by the Member, Delegate, or Resident Commissioner, regarding such negotiations or agreement, including the name of the private entity or entities involved in such negotiations or agreement, and the date such negotiations or agreement commenced.CommentsClose CommentsPermalink
`2. An officer or an employee of the House earning in excess of 75 percent of the salary paid to a Member shall notify the Committee on Standards of Official Conduct that he or she is negotiating or has any agreement of future employment or compensation.CommentsClose CommentsPermalink
`3. The disclosure and notification under this rule shall be made within 3 business days after the commencement of such negotiation or agreement of future employment or compensation.CommentsClose CommentsPermalink
`4. A Member, Delegate, or Resident Commissioner, and an officer or employee to whom this rule applies, shall recuse himself or herself from any matter in which there is a conflict of interest or an appearance of a conflict for that Member, Delegate, Resident Commissioner, officer, or employee under this rule and shall notify the Committee on Standards of Official Conduct of such recusal. A Member, Delegate, or Resident Commissioner making such recusal shall, upon such recusal, submit to the Clerk for public disclosure the statement of disclosure under clause 1 with respect to which the recusal was made.'.CommentsClose CommentsPermalink
(b) Effective Date- The amendment made by subsection (a) shall take effect on the date of the enactment of this Act, and shall apply to negotiations commenced, and agreements entered into, on or after that date.CommentsClose CommentsPermalink
SEC. 302. PROHIBITION ON LOBBYING CONTACTS WITH SPOUSE OF MEMBER WHO IS A REGISTERED LOBBYIST.
Rule XXV of the Rules of the House of Representatives is amended by adding at the end the following new clause:CommentsClose CommentsPermalink
`7. A Member, Delegate, or Resident Commissioner shall prohibit all staff employed by that Member, Delegate, or Resident Commissioner (including staff in personal, committee, and leadership offices) from making any lobbying contact (as defined in section 3 of the Lobbying Disclosure Act of 1995) with that individual's spouse if that spouse is a lobbyist under the Lobbying Disclosure Act of 1995 or is employed or retained by such a lobbyist for the purpose of influencing legislation.'.CommentsClose CommentsPermalink
SEC. 303. TREATMENT OF FIRMS AND OTHER BUSINESSES WHOSE MEMBERS SERVE AS HOUSE COMMITTEE CONSULTANTS.
Clause 18(b) of rule XXIII of the Rules of the House of Representatives is amended by adding at the end the following: `In the case of such an individual who is a member or employee of a firm, partnership, or other business organization, the other members and employees of the firm, partnership, or other business organization shall be subject to the same restrictions on lobbying that apply to the individual under this paragraph.'.CommentsClose CommentsPermalink
SEC. 304. POSTING OF TRAVEL AND FINANCIAL DISCLOSURE REPORTS ON PUBLIC WEBSITE OF CLERK OF THE HOUSE OF REPRESENTATIVES.
(a) Requiring Posting on Internet- The Clerk of the House of Representatives shall post on the public Internet site of the Office of the Clerk, in a format that is searchable, sortable, and downloadable, to the extent technically practicable, each of the following:CommentsClose CommentsPermalink
(1) The advance authorizations, certifications, and disclosures filed with respect to transportation, lodging, and related expenses for travel under clause 5(b) of rule XXV of the Rules of the House of Representatives by Members (including Delegates and Resident Commissioners to the Congress), officers, and employees of the House.CommentsClose CommentsPermalink
(2) The reports filed under section 103(h)(1) of the Ethics in Government Act of 1978 by Members of the House of Representatives (including Delegates and Resident Commissioners to the Congress).CommentsClose CommentsPermalink
(b) Applicability and Timing-CommentsClose CommentsPermalink
(1) APPLICABILITY- Subject to paragraph (2), subsection (a) shall apply with respect to information received by the Clerk of the House of Representatives on or after the date of the enactment of this Act.CommentsClose CommentsPermalink
(2) TIMING- The Clerk of the House of Representatives shall--CommentsClose CommentsPermalink
(A) not later than August 1, 2008, post the information required by subsection (a) that the Clerk receives by June 1, 2008; andCommentsClose CommentsPermalink
(B) not later than the end of each 45-day period occurring after information is required to be posted under subparagraph (A), post the information required by subsection (a) that the Clerk has received since the last posting under this subsection.CommentsClose CommentsPermalink
(3) OMISSION OF PERSONALLY IDENTIFIABLE INFORMATION- Members of the House of Representatives (including Delegates and Resident Commissioners to the Congress) shall be permitted to omit personally identifiable information not required to be disclosed on the reports posted on the public Internet site under this section (such as home address, Social Security numbers, personal bank account numbers, home telephone, and names of children) prior to the posting of such reports on such public Internet site.CommentsClose CommentsPermalink
(4) ASSISTANCE IN PROTECTING PERSONAL INFORMATION- The Clerk of the House of Representatives, in consultation with the Committee on Standards of Official Conduct, shall include in any informational materials concerning any disclosure that will be posted on the public Internet site under this section an explanation of the procedures for protecting personally identifiable information as described in this section.CommentsClose CommentsPermalink
(c) Retention- The Clerk shall maintain the information posted on the public Internet site of the Office of the Clerk under this section for a period of 6 years after receiving the information.CommentsClose CommentsPermalink
SEC. 305. PROHIBITING PARTICIPATION IN LOBBYIST-SPONSORED EVENTS DURING POLITICAL CONVENTIONS.
Rule XXV of the Rules of the House of Representatives, as amended by section 302, is amended by adding at the end the following new clause:CommentsClose CommentsPermalink
`8. During the dates on which the national political party to which a Member (including a Delegate or Resident Commissioner) belongs holds its convention to nominate a candidate for the office of President or Vice President, the Member may not participate in an event honoring that Member, other than in his or her capacity as a candidate for such office, if such event is directly paid for by a registered lobbyist under the Lobbying Disclosure Act of 1995 or a private entity that retains or employs such a registered lobbyist.'.CommentsClose CommentsPermalink
SEC. 306. EXERCISE OF RULEMAKING AUTHORITY.
The provisions of this title are adopted by the House of Representatives--CommentsClose CommentsPermalink
(1) as an exercise of the rulemaking power of the House; andCommentsClose CommentsPermalink
(2) with full recognition of the constitutional right of the House to change those rules at any time, in the same manner, and to the same extent as in the case of any other rule of the House.CommentsClose CommentsPermalink
TITLE IV--CONGRESSIONAL PENSION ACCOUNTABILITY
SEC. 401. LOSS OF PENSIONS ACCRUED DURING SERVICE AS A MEMBER OF CONGRESS FOR ABUSING THE PUBLIC TRUST.
(a) Civil Service Retirement System-
`(o)(1) Notwithstanding any other provision of this subchapter, the service of an individual finally convicted of an offense described in paragraph (2) shall not be taken into account for purposes of this subchapter, except that this sentence applies only to service rendered as a Member (irrespective of when rendered). Any such individual (or other person determined under section 8342(c), if applicable) shall be entitled to be paid so much of such individual's lump-sum credit as is attributable to service to which the preceding sentence applies.CommentsClose CommentsPermalink
`(2)(A) An offense described in this paragraph is any offense described in subparagraph (B) for which the following apply:CommentsClose CommentsPermalink
`(i) Every act or omission of the individual (referred to in paragraph (1)) that is needed to satisfy the elements of the offense occurs while the individual is a Member.CommentsClose CommentsPermalink
`(ii) Every act or omission of the individual that is needed to satisfy the elements of the offense directly relates to the performance of the individual's official duties as a Member.CommentsClose CommentsPermalink
`(iii) The offense is committed after the date of enactment of this subsection.CommentsClose CommentsPermalink
`(B) An offense described in this subparagraph is only the following, and only to the extent that the offense is a felony:CommentsClose CommentsPermalink
`(i) An offense under section 201 of title 18 (relating to bribery of public officials and witnesses).CommentsClose CommentsPermalink
`(ii) An offense under section 219 of title 18 (relating to officers and employees acting as agents of foreign principals).CommentsClose CommentsPermalink
`(iii) An offense under section 1343 of title 18 (relating to fraud by wire, radio, or television, including as part of a scheme to deprive citizens of honest services thereby).CommentsClose CommentsPermalink
`(iv) An offense under section 104(a) of the Foreign Corrupt Practices Act of 1977 (relating to prohibited foreign trade practices by domestic concerns).CommentsClose CommentsPermalink
`(v) An offense under section 1957 of title 18 (relating to engaging in monetary transactions in property derived from specified unlawful activity).CommentsClose CommentsPermalink
`(vi) An offense under section 1512 of title 18 (relating to tampering with a witness, victim, or an informant).CommentsClose CommentsPermalink
`(vii) An offense under chapter 96 of title 18 (relating to racketeer influenced and corrupt organizations).CommentsClose CommentsPermalink
`(viii) An offense under section 371 of title 18 (relating to conspiracy to commit offense or to defraud United States), to the extent of any conspiracy to commit an act which constitutes--CommentsClose CommentsPermalink
`(I) an offense under clause (i), (ii), (iii), (iv), (v), (vi), or (vii); orCommentsClose CommentsPermalink
`(II) an offense under section 207 of title 18 (relating to restrictions on former officers, employees, and elected officials of the executive and legislative branches).CommentsClose CommentsPermalink
`(ix) Perjury committed under section 1621 of title 18 in falsely denying the commission of an act which constitutes--CommentsClose CommentsPermalink
`(I) an offense under clause (i), (ii), (iii), (iv), (v), (vi), or (vii); orCommentsClose CommentsPermalink
`(II) an offense under clause (viii), to the extent provided in such clause.CommentsClose CommentsPermalink
`(x) Subornation of perjury committed under section 1622 of title 18 in connection with the false denial or false testimony of another individual as specified in clause (ix).CommentsClose CommentsPermalink
`(3) An individual convicted of an offense described in paragraph (2) shall not, after the date of the final conviction, be eligible to participate in the retirement system under this subchapter or chapter 84 while serving as a Member.CommentsClose CommentsPermalink
`(4) The Office of Personnel Management shall prescribe any regulations necessary to carry out this subsection. Such regulations shall include--CommentsClose CommentsPermalink
`(A) provisions under which interest on any lump-sum payment under the second sentence of paragraph (1) shall be limited in a manner similar to that specified in the last sentence of section 8316(b); andCommentsClose CommentsPermalink
`(B) provisions under which the Office may provide for--CommentsClose CommentsPermalink
`(i) the payment, to the spouse or children of any individual referred to in the first sentence of paragraph (1), of any amounts which (but for this clause) would otherwise have been nonpayable by reason of such first sentence, subject to paragraph (5); andCommentsClose CommentsPermalink
`(ii) an appropriate adjustment in the amount of any lump-sum payment under the second sentence of paragraph (1) to reflect the application of clause (i).CommentsClose CommentsPermalink
`(5) Regulations to carry out clause (i) of paragraph (4)(B) shall include provisions to ensure that the authority to make any payment to the spouse or children of an individual under such clause shall be available only to the extent that the application of such clause is considered necessary and appropriate taking into account the totality of the circumstances, including the financial needs of the spouse or children, whether the spouse or children participated in an offense described in paragraph (2) of which such individual was finally convicted, and what measures, if any, may be necessary to ensure that the convicted individual does not benefit from any such payment.CommentsClose CommentsPermalink
`(6) For purposes of this subsection--CommentsClose CommentsPermalink
`(A) the terms `finally convicted' and `final conviction' refer to a conviction (i) which has not been appealed and is no longer appealable because the time for taking an appeal has expired, or (ii) which has been appealed and the appeals process for which is completed;CommentsClose CommentsPermalink
`(B) the term `Member' has the meaning given such term by section 2106, notwithstanding section 8331(2); andCommentsClose CommentsPermalink
`(C) the term `child' has the meaning given such term by section 8341.'.CommentsClose CommentsPermalink
(b) Federal Employees' Retirement System-
`(l)(1) Notwithstanding any other provision of this chapter, the service of an individual finally convicted of an offense described in paragraph (2) shall not be taken into account for purposes of this chapter, except that this sentence applies only to service rendered as a Member (irrespective of when rendered). Any such individual (or other person determined under section 8424(d), if applicable) shall be entitled to be paid so much of such individual's lump-sum credit as is attributable to service to which the preceding sentence applies.CommentsClose CommentsPermalink
`(2) An offense described in this paragraph is any offense described in section 8332(o)(2)(B) for which the following apply:CommentsClose CommentsPermalink
`(A) Every act or omission of the individual (referred to in paragraph (1)) that is needed to satisfy the elements of the offense occurs while the individual is a Member.CommentsClose CommentsPermalink
`(B) Every act or omission of the individual that is needed to satisfy the elements of the offense directly relates to the performance of the individual's official duties as a Member.CommentsClose CommentsPermalink
`(C) The offense is committed after the date of enactment of this subsection.CommentsClose CommentsPermalink
`(3) An individual convicted of an offense described in paragraph (2) shall not, after the date of the final conviction, be eligible to participate in the retirement system under this chapter while serving as a Member.CommentsClose CommentsPermalink
`(4) The Office of Personnel Management shall prescribe any regulations necessary to carry out this subsection. Such regulations shall include--CommentsClose CommentsPermalink
`(A) provisions under which interest on any lump-sum payment under the second sentence of paragraph (1) shall be limited in a manner similar to that specified in the last sentence of section 8316(b); andCommentsClose CommentsPermalink
`(B) provisions under which the Office may provide for--CommentsClose CommentsPermalink
`(i) the payment, to the spouse or children of any individual referred to in the first sentence of paragraph (1), of any amounts which (but for this clause) would otherwise have been nonpayable by reason of such first sentence, subject to paragraph (5); andCommentsClose CommentsPermalink
`(ii) an appropriate adjustment in the amount of any lump-sum payment under the second sentence of paragraph (1) to reflect the application of clause (i).CommentsClose CommentsPermalink
`(5) Regulations to carry out clause (i) of paragraph (4)(B) shall include provisions to ensure that the authority to make any payment under such clause to the spouse or children of an individual shall be available only to the extent that the application of such clause is considered necessary and appropriate taking into account the totality of the circumstances, including the financial needs of the spouse or children, whether the spouse or children participated in an offense described in paragraph (2) of which such individual was finally convicted, and what measures, if any, may be necessary to ensure that the convicted individual does not benefit from any such payment.CommentsClose CommentsPermalink
`(6) For purposes of this subsection--CommentsClose CommentsPermalink
`(A) the terms `finally convicted' and `final conviction' refer to a conviction (i) which has not been appealed and is no longer appealable because the time for taking an appeal has expired, or (ii) which has been appealed and the appeals process for which is completed;CommentsClose CommentsPermalink
`(B) the term `Member' has the meaning given such term by section 2106, notwithstanding section 8401(20); andCommentsClose CommentsPermalink
`(C) the term `child' has the meaning given such term by section 8441.'.CommentsClose CommentsPermalink
TITLE V--SENATE LEGISLATIVE TRANSPARENCY AND ACCOUNTABILITY
Subtitle A--Procedural Reform
SEC. 511. AMENDMENTS TO RULE XXVIII.
(a) Out of Scope Material Amendment- Rule XXVIII of the Standing Rules of the Senate is amended by--CommentsClose CommentsPermalink
(1) redesignating paragraphs 4 through 6 as paragraphs 6 through 8, respectively; andCommentsClose CommentsPermalink
(2) striking paragraphs 2 and 3 and inserting the following:CommentsClose CommentsPermalink
`2. (a) Conferees shall not insert in their report matter not committed to them by either House, nor shall they strike from the bill matter agreed to by both Houses.CommentsClose CommentsPermalink
`(b) If matter which was agreed to by both Houses is stricken from the bill a point of order may be made against the report, and if the point of order is sustained, the report is rejected or shall be recommitted to the committee of conference if the House of Representatives has not already acted thereon.CommentsClose CommentsPermalink
`(c) If new matter is inserted in the report, a point of order may be made against the conference report and it shall be disposed of as provided under paragraph 4.CommentsClose CommentsPermalink
`3. (a) In any case in which a disagreement to an amendment in the nature of a substitute has been referred to conferees--CommentsClose CommentsPermalink
`(1) it shall be in order for the conferees to report a substitute on the same subject matter;CommentsClose CommentsPermalink
`(2) the conferees may not include in the report matter not committed to them by either House; andCommentsClose CommentsPermalink
`(3) the conferees may include in their report in any such case matter which is a germane modification of subjects in disagreement.CommentsClose CommentsPermalink
`(b) In any case in which the conferees violate subparagraph (a), a point of order may be made against the conference report and it shall be disposed of as provided under paragraph 4.CommentsClose CommentsPermalink
`4. (a) A Senator may raise a point of order that one or more provisions of a conference report violates paragraph 2 or paragraph 3, as the case may be. The Presiding Officer may sustain the point of order as to some or all of the provisions against which the Senator raised the point of order.CommentsClose CommentsPermalink
`(b) If the Presiding Officer sustains the point of order as to any of the provisions against which the Senator raised the point of order, then those provisions against which the Presiding Officer sustains the point of order shall be stricken. After all other points of order under this paragraph have been disposed of--CommentsClose CommentsPermalink
`(1) the Senate shall proceed to consider the question of whether the Senate should recede from its amendment to the House bill, or its disagreement to the amendment of the House, and concur with a further amendment, which further amendment shall consist of only that portion of the conference report that has not been stricken;CommentsClose CommentsPermalink
`(2) the question in clause (1) shall be decided under the same debate limitation as the conference report; andCommentsClose CommentsPermalink
`(3) no further amendment shall be in order.CommentsClose CommentsPermalink
`5. (a) Any Senator may move to waive any or all points of order under paragraph 2 or 3 with respect to the pending conference report by an affirmative vote of three-fifths of the Members, duly chosen and sworn. All motions to waive under this paragraph shall be debatable collectively for not to exceed 1 hour equally divided between the Majority Leader and the Minority Leader or their designees. A motion to waive all points of order under this paragraph shall not be amendable.CommentsClose CommentsPermalink
`(b) All appeals from rulings of the Chair under paragraph 4 shall be debatable collectively for not to exceed 1 hour, equally divided between the Majority and the Minority Leader or their designees. An affirmative vote of three-fifths of the Members of the Senate, duly chosen and sworn, shall be required in the Senate to sustain an appeal of the ruling of the Chair under paragraph 4.'.CommentsClose CommentsPermalink
(b) Public Availability Amendment-CommentsClose CommentsPermalink
(1) IN GENERAL- Rule XXVIII of the Standing Rules of the Senate is amended by adding at the end the following:CommentsClose CommentsPermalink
`9. (a)(1) It shall not be in order to vote on the adoption of a report of a committee of conference unless such report has been available to Members and to the general public for at least 48 hours before such vote. If a point of order is sustained under this paragraph, then the conference report shall be set aside.CommentsClose CommentsPermalink
`(2) For purposes of this paragraph, a report of a committee of conference is made available to the general public as of the time it is posted on a publicly accessible website controlled by a Member, committee, Library of Congress, or other office of Congress, or the Government Printing Office, as reported to the Presiding Officer by the Secretary of the Senate.CommentsClose CommentsPermalink
`(b)(1) This paragraph may be waived in the Senate with respect to the pending conference report by an affirmative vote of three-fifths of the Members, duly chosen and sworn. A motion to waive this paragraph shall be debatable for not to exceed 1 hour equally divided between the Majority Leader and the Minority Leader or their designees.CommentsClose CommentsPermalink
`(2) An affirmative vote of three-fifths of the Members, duly chosen and sworn, shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under this paragraph. An appeal of the ruling of the Chair shall be debatable for not to exceed 1 hour equally divided between the Majority and the Minority Leader or their designeesCommentsClose CommentsPermalink
`(c) This paragraph may be waived by joint agreement of the Majority Leader and the Minority Leader of the Senate, upon their certification that such waiver is necessary as a result of a significant disruption to Senate facilities or to the availability of the Internet.'.CommentsClose CommentsPermalink
(2) IMPLEMENTATION- Not later than 60 days after the date of enactment of this section, the Committee on Rules and Administration, in consultation with the Secretary of the Senate and the Clerk of the House of Representatives, and the Government Printing Office shall promulgate regulations for the implementation of the requirements of paragraph 9 of rule XXVIII of the Standing Rules of the Senate, as added by this section.CommentsClose CommentsPermalink
SEC. 512. NOTICE OF OBJECTING TO PROCEEDING.
(a) In General- The Majority and Minority Leaders of the Senate or their designees shall recognize a notice of intent of a Senator who is a member of their caucus to object to proceeding to a measure or matter only if the Senator--CommentsClose CommentsPermalink
(1) following the objection to a unanimous consent to proceeding to, and, or passage of, a measure or matter on their behalf, submits the notice of intent in writing to the appropriate leader or their designee; andCommentsClose CommentsPermalink
(2) not later than 6 session days after the submission under paragraph (1), submits for inclusion in the Congressional Record and in the applicable calendar section described in subsection (b) the following notice:CommentsClose CommentsPermalink
`I, Senator XXXX, intend to object to proceedings to XXXX, dated XXXX for the following reasonsXXXX.'.CommentsClose CommentsPermalink
(b) Calendar-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary of the Senate shall establish for both the Senate Calendar of Business and the Senate Executive Calendar a separate section entitled `Notice of Intent to Object to Proceeding'.CommentsClose CommentsPermalink
(2) CONTENT- The section required by paragraph (1) shall include--CommentsClose CommentsPermalink
(A) the name of each Senator filing a notice under subsection (a)(2);CommentsClose CommentsPermalink
(B) the measure or matter covered by the calendar that the Senator objects to; andCommentsClose CommentsPermalink
(C) the date the objection was filed.CommentsClose CommentsPermalink
(3) NOTICE- A Senator who has notified their respective leader and who has withdrawn their objection within the 6 session day period is not required to submit a notification under subsection (a)(2).CommentsClose CommentsPermalink
(c) Removal- A Senator may have an item with respect to the Senator removed from a calendar to which it was added under subsection (b) by submitting for inclusion in the Congressional Record the following notice:CommentsClose CommentsPermalink
`I, Senator XXXX, do not object to proceed to XXXX, dated XXXX.'.CommentsClose CommentsPermalink
SEC. 513. PUBLIC AVAILABILITY OF SENATE COMMITTEE AND SUBCOMMITTEE MEETINGS.
(a) In General- Paragraph 5(e) of rule XXVI of the Standing Rules of the Senate is amended by--CommentsClose CommentsPermalink
(1) inserting after `(e)' the following: `(1)'; andCommentsClose CommentsPermalink
(2) adding at the end the following:CommentsClose CommentsPermalink
`(2)(A) Except with respect to meetings closed in accordance with this rule, each committee and subcommittee shall make publicly available through the Internet a video recording, audio recording, or transcript of any meeting not later than 21 business days after the meeting occurs.CommentsClose CommentsPermalink
`(B) Information required by subclause (A) shall be available until the end of the Congress following the date of the meeting.CommentsClose CommentsPermalink
`(C) The Committee on Rules and Administration may waive this clause upon request based on the inability of a committee or subcommittee to comply with this clause due to technical or logistical reasons.'.CommentsClose CommentsPermalink
(b) Effective Date- This section shall take effect 90 days after the date of enactment of this Act.CommentsClose CommentsPermalink
SEC. 514. AMENDMENTS AND MOTIONS TO RECOMMIT.
Paragraph 1 of rule XV of the Standing Rules of the Senate is amended to read as follows:CommentsClose CommentsPermalink
`1. (a) An amendment and any instruction accompanying a motion to recommit shall be reduced to writing and read and identical copies shall be provided by the Senator offering the amendment or instruction to the desks of the Majority Leader and the Minority Leader before being debated.CommentsClose CommentsPermalink
`(b) A motion shall be reduced to writing, if desired by the Presiding Officer or by any Senator, and shall be read before being debated.'.CommentsClose CommentsPermalink
SEC. 515. SENSE OF THE SENATE ON CONFERENCE COMMITTEE PROTOCOLS.
It is the sense of the Senate that--CommentsClose CommentsPermalink
(1) conference committees should hold regular, formal meetings of all conferees that are open to the public;CommentsClose CommentsPermalink
(2) all conferees should be given adequate notice of the time and place of all such meetings;CommentsClose CommentsPermalink
(3) all conferees should be afforded an opportunity to participate in full and complete debates of the matters that such conference committees may recommend to their respective Houses; andCommentsClose CommentsPermalink
(4) the text of a report of a committee of conference shall not be changed after the Senate signature sheets have been signed by a majority of the Senate conferees.CommentsClose CommentsPermalink
Subtitle B--Earmark Reform
SEC. 521. CONGRESSIONALLY DIRECTED SPENDING.
The Standing Rules of the Senate are amended by adding at the end the following:CommentsClose CommentsPermalink
`RULE XLIV
`Congressionally Directed Spending and Related Items
`1. (a) It shall not be in order to vote on a motion to proceed to consider a bill or joint resolution reported by any committee unless the chairman of the committee of jurisdiction or the Majority Leader or his or her designee certifies--CommentsClose CommentsPermalink
`(1) that each congressionally directed spending item, limited tax benefit, and limited tariff benefit, if any, in the bill or joint resolution, or in the committee report accompanying the bill or joint resolution, has been identified through lists, charts, or other similar means including the name of each Senator who submitted a request to the committee for each item so identified; andCommentsClose CommentsPermalink
`(2) that the information in clause (1) has been available on a publicly accessible congressional website in a searchable format at least 48 hours before such vote.CommentsClose CommentsPermalink
`(b) If a point of order is sustained under this paragraph, the motion to proceed shall be suspended until the sponsor of the motion or his or her designee has requested resumption and compliance with this paragraph has been achieved.CommentsClose CommentsPermalink
`2. (a) It shall not be in order to vote on a motion to proceed to consider a Senate bill or joint resolution not reported by committee unless the chairman of the committee of jurisdiction or the Majority Leader or his or her designee certifies--CommentsClose CommentsPermalink
`(1) that each congressionally directed spending item, limited tax benefit, and limited tariff benefit, if any, in the bill or joint resolution, has been identified through lists, charts, or other similar means, including the name of each Senator who submitted a request to the sponsor of the bill or joint resolution for each item so identified; andCommentsClose CommentsPermalink
`(2) that the information in clause (1) has been available on a publicly accessible congressional website in a searchable format at least 48 hours before such vote.CommentsClose CommentsPermalink
`(b) If a point of order is sustained under this paragraph, the motion to proceed shall be suspended until the sponsor of the motion or his or her designee has requested resumption and compliance with this paragraph has been achieved.CommentsClose CommentsPermalink
`3. (a) It shall not be in order to vote on the adoption of a report of a committee of conference unless the chairman of the committee of jurisdiction or the Majority Leader or his or her designee certifies--CommentsClose CommentsPermalink
`(1) that each congressionally directed spending item, limited tax benefit, and limited tariff benefit, if any, in the conference report, or in the joint statement of managers accompanying the conference report, has been identified through lists, charts, or other means, including the name of each Senator who submitted a request to the committee of jurisdiction for each item so identified; andCommentsClose CommentsPermalink
`(2) that the information in clause (1) has been available on a publicly accessible congressional website at least 48 hours before such vote.CommentsClose CommentsPermalink
`(b) If a point of order is sustained under this paragraph, then the conference report shall be set aside.CommentsClose CommentsPermalink
`4. (a) If during consideration of a bill or joint resolution, a Senator proposes an amendment containing a congressionally directed spending item, limited tax benefit, or limited tariff benefit which was not included in the bill or joint resolution as placed on the calendar or as reported by any committee, in a committee report on such bill or joint resolution, or a committee report of the Senate on a companion measure, then as soon as practicable, the Senator shall ensure that a list of such items (and the name of any Senator who submitted a request to the Senator for each respective item included in the list) is printed in the Congressional Record.CommentsClose CommentsPermalink
`(b) If a committee reports a bill or joint resolution that includes congressionally directed spending items, limited tax benefits, or limited tariff benefits in the bill or joint resolution, or in the committee report accompanying the bill or joint resolution, the committee shall as soon as practicable identify on a publicly accessible congressional website each such item through lists, charts, or other similar means, including the name of each Senator who submitted a request to the committee for each item so identified. Availability on the Internet of a committee report that contains the information described in this subparagraph shall satisfy the requirements of this subparagraph.CommentsClose CommentsPermalink
`(c) To the extent technically feasible, information made available on publicly accessible congressional websites under paragraphs 3 and 4 shall be provided in a searchable format.CommentsClose CommentsPermalink
`5. For the purpose of this rule--CommentsClose CommentsPermalink
`(a) the term `congressionally directed spending item' means a provision or report language included primarily at the request of a Senator providing, authorizing, or recommending a specific amount of discretionary budget authority, credit authority, or other spending authority for a contract, loan, loan guarantee, grant, loan authority, or other expenditure with or to an entity, or targeted to a specific State, locality or Congressional district, other than through a statutory or administrative formula-driven or competitive award process;CommentsClose CommentsPermalink
`(b) the term `limited tax benefit' means--CommentsClose CommentsPermalink
`(1) any revenue provision that--CommentsClose CommentsPermalink
`(A) provides a Federal tax deduction, credit, exclusion, or preference to a particular beneficiary or limited group of beneficiaries under the Internal Revenue Code of 1986; andCommentsClose CommentsPermalink
`(B) contains eligibility criteria that are not uniform in application with respect to potential beneficiaries of such provision;CommentsClose CommentsPermalink
`(c) the term `limited tariff benefit' means a provision modifying the Harmonized Tariff Schedule of the United States in a manner that benefits 10 or fewer entities; andCommentsClose CommentsPermalink
`(d) except as used in subparagraph 8(e), the term `item' when not preceded by `congressionally directed spending' means any provision that is a congressionally directed spending item, a limited tax benefit, or a limited tariff benefit.CommentsClose CommentsPermalink
`6. (a) A Senator who requests a congressionally directed spending item, a limited tax benefit, or a limited tariff benefit in any bill or joint resolution (or an accompanying report) or in any conference report (or an accompanying joint statement of managers) shall provide a written statement to the chairman and ranking member of the committee of jurisdiction, including--CommentsClose CommentsPermalink
`(1) the name of the Senator;CommentsClose CommentsPermalink
`(2) in the case of a congressionally directed spending item, the name and location of the intended recipient or, if there is no specifically intended recipient, the intended location of the activity;CommentsClose CommentsPermalink
`(3) in the case of a limited tax or tariff benefit, identification of the individual or entities reasonably anticipated to benefit, to the extent known to the Senator;CommentsClose CommentsPermalink
`(4) the purpose of such congressionally directed spending item or limited tax or tariff benefit; andCommentsClose CommentsPermalink
`(5) a certification that neither the Senator nor the Senator's immediate family has a pecuniary interest in the item, consistent with the requirements of paragraph 9.CommentsClose CommentsPermalink
`(b) With respect to each item included in a Senate bill or joint resolution (or accompanying report) reported by committee or considered by the Senate, or included in a conference report (or joint statement of managers accompanying the conference report) considered by the Senate, each committee of jurisdiction shall make available for public inspection on the Internet the certifications under subparagraph (a)(5) as soon as practicable.CommentsClose CommentsPermalink
`7. In the case of a bill, joint resolution, or conference report that contains congressionally directed spending items in any classified portion of a report accompanying the measure, the committee of jurisdiction shall, to the greatest extent practicable, consistent with the need to protect national security (including intelligence sources and methods), include on the list required by paragraph 1, 2, or 3 as the case may be, a general program description in unclassified language, funding level, and the name of the sponsor of that congressionally directed spending item.CommentsClose CommentsPermalink
`8. (a) A Senator may raise a point of order against one or more provisions of a conference report if they constitute new directed spending provisions. The Presiding Officer may sustain the point of order as to some or all of the provisions against which the Senator raised the point of order.CommentsClose CommentsPermalink
`(b) If the Presiding Officer sustains the point of order as to any of the provisions against which the Senator raised the point of order, then those provisions against which the Presiding Officer sustains the point of order shall be stricken. After all other points of order under this paragraph have been disposed of--CommentsClose CommentsPermalink
`(1) the Senate shall proceed to consider the question of whether the Senate should recede from its amendment to the House bill, or its disagreement to the amendment of the House, and concur with a further amendment, which further amendment shall consist of only that portion of the conference report that has not been stricken; andCommentsClose CommentsPermalink
`(2) the question in clause (1) shall be decided under the same debate limitation as the conference report and no further amendment shall be in order.CommentsClose CommentsPermalink
`(c) Any Senator may move to waive any or all points of order under this paragraph with respect to the pending conference report by an affirmative vote of three-fifths of the Members, duly chosen and sworn. All motions to waive under this paragraph shall be debatable collectively for not to exceed 1 hour equally divided between the Majority Leader and the Minority Leader or their designees. A motion to waive all points of order under this paragraph shall not be amendable.CommentsClose CommentsPermalink
`(d) All appeals from rulings of the Chair under this paragraph shall be debatable collectively for not to exceed 1 hour, equally divided between the Majority and the Minority Leader or their designees. An affirmative vote of three-fifths of the Members of the Senate, duly chosen and sworn, shall be required in the Senate to sustain an appeal of the ruling of the Chair under this paragraph.CommentsClose CommentsPermalink
`(e) The term `new directed spending provision' as used in this paragraph means any item that consists of a specific provision containing a specific level of funding for any specific account, specific program, specific project, or specific activity, when no specific funding was provided for such specific account, specific program, specific project, or specific activity in the measure originally committed to the conferees by either House.CommentsClose CommentsPermalink
`9. No Member, officer, or employee of the Senate shall knowingly use his official position to introduce, request, or otherwise aid the progress or passage of congressionally directed spending items, limited tax benefits, or limited tariff benefits a principal purpose of which is to further only his pecuniary interest, only the pecuniary interest of his immediate family, or only the pecuniary interest of a limited class of persons or enterprises, when he or his immediate family, or enterprises controlled by them, are members of the affected class.CommentsClose CommentsPermalink
`10. Any Senator may move to waive application of paragraph 1, 2, or 3 with respect to a measure by an affirmative vote of three-fifths of the Members, duly chosen and sworn. A motion to waive under this paragraph with respect to a measure shall be debatable for not to exceed 1 hour equally divided between the Majority Leader and the Minority Leader or their designees. With respect to points of order raised under paragraphs 1, 2, or 3, only one appeal from a ruling of the Chair shall be in order, and debate on such an appeal from a ruling of the Chair on such point of order shall be limited to one hour.CommentsClose CommentsPermalink
`11. Any Senator may move to waive all points of order under this rule with respect to the pending measure or motion by an affirmative vote of three-fifths of the Members, duly chosen and sworn. All motions to waive all points of order with respect to a measure or motion as provided by this paragraph shall be debatable collectively for not to exceed 1 hour equally divided between the Majority Leader and the Minority Leader or their designees. A motion to waive all points of order with respect to a measure or motion as provided by this paragraph shall not be amendable.CommentsClose CommentsPermalink
`12. Paragraph 1, 2, or 3 of this rule may be waived by joint agreement of the Majority Leader and the Minority Leader of the Senate upon their certification that such waiver is necessary as a result of a significant disruption to Senate facilities or to the availability of the Internet.'.CommentsClose CommentsPermalink
Subtitle C--Revolving Door Reform
SEC. 531. POST-EMPLOYMENT RESTRICTIONS.
(a) Application to Entity- Paragraph 8 of rule XXXVII of the Standing Rules of the Senate is amended by--CommentsClose CommentsPermalink
(1) inserting after `by such a registered lobbyist' the following `or an entity that employs or retains a registered lobbyist'; andCommentsClose CommentsPermalink
(2) striking `one year' and inserting `2 years'.CommentsClose CommentsPermalink
(b) Prohibition- Paragraph 9 of rule XXXVII of the Standing Rules of the Senate is amended--CommentsClose CommentsPermalink
(1) in the first sentence, by inserting after `by such a registered lobbyist' the following: `or an entity that employs or retains a registered lobbyist';CommentsClose CommentsPermalink
(2) in the second sentence, by inserting after `by such a registered lobbyist' the following: `or an entity that employs or retains a registered lobbyist';CommentsClose CommentsPermalink
(3) by designating the first and second sentences as subparagraphs (a) and (b), respectively; andCommentsClose CommentsPermalink
(4) by adding at the end the following:CommentsClose CommentsPermalink
`(c) If an officer of the Senate or an employee on the staff of a Member or on the staff of a committee whose rate of pay is equal to or greater than 75 percent of the rate of pay of a Member and employed at such rate for more than 60 days in a calendar year, upon leaving that position, becomes a registered lobbyist, or is employed or retained by such a registered lobbyist or an entity that employs or retains a registered lobbyist for the purpose of influencing legislation, such employee may not lobby any Member, officer, or employee of the Senate for a period of 1 year after leaving that position.'.CommentsClose CommentsPermalink
(c) Effective Date- Paragraph 9(c) of rule XXXVII of the Standing Rules of the Senate shall apply to individuals who leave office or employment to which such paragraph applies on or after the date of adjournment of the first session of the 110th Congress sine die or December 31, 2007, whichever date is earlier.CommentsClose CommentsPermalink
SEC. 532. DISCLOSURE BY MEMBERS OF CONGRESS AND STAFF OF EMPLOYMENT NEGOTIATIONS.
Rule XXXVII of the Standing Rules of the Senate is amended by--CommentsClose CommentsPermalink
(1) redesignating paragraph 12 as paragraph 13; andCommentsClose CommentsPermalink
(2) adding after paragraph 11 the following:CommentsClose CommentsPermalink
`12. (a) A Member shall not negotiate or have any arrangement concerning prospective private employment until after his or her successor has been elected, unless such Member files a signed statement with the Secretary of the Senate, for public disclosure, regarding such negotiations or arrangements not later than 3 business days after the commencement of such negotiation or arrangement, including the name of the private entity or entities involved in such negotiations or arrangements, and the date such negotiations or arrangements commenced.CommentsClose CommentsPermalink
`(b) A Member shall not negotiate or have any arrangement concerning prospective employment for a job involving lobbying activities as defined by the Lobbying Disclosure Act of 1995 until after his or her successor has been elected.CommentsClose CommentsPermalink
`(c)(1) An employee of the Senate earning in excess of 75 percent of the salary paid to a Senator shall notify the Select Committee on Ethics that he or she is negotiating or has any arrangement concerning prospective private employment.CommentsClose CommentsPermalink
`(2) The notification under this subparagraph shall be made not later than 3 business days after the commencement of such negotiation or arrangement.CommentsClose CommentsPermalink
`(3) An employee to whom this subparagraph applies shall--CommentsClose CommentsPermalink
`(A) recuse himself or herself from--CommentsClose CommentsPermalink
`(i) any contact or communication with the prospective employer on issues of legislative interest to the prospective employer; andCommentsClose CommentsPermalink
`(ii) any legislative matter in which there is a conflict of interest or an appearance of a conflict for that employee under this subparagraph; andCommentsClose CommentsPermalink
`(B) notify the Select Committee on Ethics of such recusal.'.CommentsClose CommentsPermalink
SEC. 533. ELIMINATION OF FLOOR PRIVILEGES FOR FORMER MEMBERS, SENATE OFFICERS, AND SPEAKERS OF THE HOUSE WHO ARE REGISTERED LOBBYISTS OR SEEK FINANCIAL GAIN.
Rule XXIII of the Standing Rules of the Senate is amended by--CommentsClose CommentsPermalink
(1) inserting `1.' before `Other';CommentsClose CommentsPermalink
(2) inserting after `Ex-Senators and Senators-elect' the following: `, except as provided in paragraph 2';CommentsClose CommentsPermalink
(3) inserting after `Ex-Secretaries and ex-Sergeants at Arms of the Senate' the following: `, except as provided in paragraph 2';CommentsClose CommentsPermalink
(4) inserting after `Ex-Speakers of the House of Representatives' the following: `, except as provided in paragraph 2'; andCommentsClose CommentsPermalink
(5) adding at the end the following:CommentsClose CommentsPermalink
`2.(a) The floor privilege provided in paragraph 1 shall not apply, when the Senate is in session, to an individual covered by this paragraph who is--CommentsClose CommentsPermalink
`(1) a registered lobbyist or agent of a foreign principal; orCommentsClose CommentsPermalink
`(2) in the employ of or represents any party or organization for the purpose of influencing, directly or indirectly, the passage, defeat, or amendment of any Federal legislative proposal.CommentsClose CommentsPermalink
`(b) The Committee on Rules and Administration may promulgate regulations to allow individuals covered by this paragraph floor privileges for ceremonial functions and events designated by the Majority Leader and the Minority Leader.CommentsClose CommentsPermalink
`3. A former Member of the Senate may not exercise privileges to use Senate athletic facilities or Member-only parking spaces if such Member is--CommentsClose CommentsPermalink
`(a) a registered lobbyist or agent of a foreign principal; orCommentsClose CommentsPermalink
`(b) in the employ of or represents any party or organization for the purpose of influencing, directly or indirectly, the passage, defeat, or amendment of any Federal legislative proposal.'.CommentsClose CommentsPermalink
SEC. 534. INFLUENCING HIRING DECISIONS.
Rule XLIII of the Standing Rules of the Senate is amended by adding at the end the following:CommentsClose CommentsPermalink
`6. No Member, with the intent to influence solely on the basis of partisan political affiliation an employment decision or employment practice of any private entity, shall--CommentsClose CommentsPermalink
`(a) take or withhold, or offer or threaten to take or withhold, an official act; orCommentsClose CommentsPermalink
`(b) influence, or offer or threaten to influence the official act of another.'.CommentsClose CommentsPermalink
SEC. 535. NOTIFICATION OF POST-EMPLOYMENT RESTRICTIONS.
(a) In General- After a Senator or an elected officer of the Senate leaves office or after the termination of employment with the Senate of an employee of the Senate, the Secretary of the Senate shall notify the Member, officer, or employee of the beginning and ending date of the prohibitions that apply to the Member, officer, or employee under rule XXXVII of the Standing Rules of the Senate.CommentsClose CommentsPermalink
(b) Effective Date- This section shall take effect 60 days after the date of enactment of this Act.CommentsClose CommentsPermalink
Subtitle D--Gift and Travel Reform
SEC. 541. BAN ON GIFTS FROM REGISTERED LOBBYISTS AND ENTITIES THAT HIRE REGISTERED LOBBYISTS.
Paragraph 1(a)(2) of rule XXXV of the Standing Rules of the Senate is amended by--CommentsClose CommentsPermalink
(1) inserting `(A)' after `(2)'; andCommentsClose CommentsPermalink
(2) adding at the end the following:CommentsClose CommentsPermalink
`(B) A Member, officer, or employee may not knowingly accept a gift from a registered lobbyist, an agent of a foreign principal, or a private entity that retains or employs a registered lobbyist or an agent of a foreign principal, except as provided in subparagraphs (c) and (d).'.CommentsClose CommentsPermalink
SEC. 542. NATIONAL PARTY CONVENTIONS.
Paragraph (1)(d) of rule XXXV of the Standing Rules of the Senate is amended by adding at the end the following:CommentsClose CommentsPermalink
`(5) During the dates of the national party convention for the political party to which a Member belongs, a Member may not participate in an event honoring that Member, other than in his or her capacity as the party's presidential or vice presidential nominee or presumptive nominee, if such event is directly paid for by a registered lobbyist or a private entity that retains or employs a registered lobbyist.'.CommentsClose CommentsPermalink
SEC. 543. PROPER VALUATION OF TICKETS TO ENTERTAINMENT AND SPORTING EVENTS.
Paragraph 1(c)(1) of rule XXXV of the Standing Rules of the Senate is amended by--CommentsClose CommentsPermalink
(1) inserting `(A)' before `Anything'; andCommentsClose CommentsPermalink
(2) adding at the end the following:CommentsClose CommentsPermalink
`(B) The market value of a ticket to an entertainment or sporting event shall be the face value of the ticket or, in the case of a ticket without a face value, the value of the ticket with the highest face value for the event, except that if a ticket holder can establish in advance of the event to the Select Committee on Ethics that the ticket at issue is equivalent to another ticket with a face value, then the market value shall be set at the face value of the equivalent ticket. In establishing equivalency, the ticket holder shall provide written and independently verifiable information related to the primary features of the ticket, including, at a minimum, the seat location, access to parking, availability of food and refreshments, and access to venue areas not open to the public. The Select Committee on Ethics may make a determination of equivalency only if such information is provided in advance of the event.'.CommentsClose CommentsPermalink
SEC. 544. RESTRICTIONS ON REGISTERED LOBBYIST PARTICIPATION IN TRAVEL AND DISCLOSURE.
(a) Prohibition- Paragraph 2 of rule XXXV of the Standing Rules of the Senate is amended--CommentsClose CommentsPermalink
(1) in subparagraph (a)(1), by--CommentsClose CommentsPermalink
(A) adding after `foreign principal' the following: `or a private entity that retains or employs 1 or more registered lobbyists or agents of a foreign principal';CommentsClose CommentsPermalink
(B) striking the dash and inserting `complies with the requirements of this paragraph.'; andCommentsClose CommentsPermalink
(C) striking clauses (A) and (B);CommentsClose CommentsPermalink
(2) by redesignating subparagraph (a)(2) as subparagraph (a)(3) and adding after subparagraph (a)(1) the following:CommentsClose CommentsPermalink
`(2)(A) Notwithstanding clause (1), a reimbursement (including payment in kind) to a Member, officer, or employee of the Senate from an individual, other than a registered lobbyist or agent of a foreign principal, that is a private entity that retains or employs 1 or more registered lobbyists or agents of a foreign principal shall be deemed to be a reimbursement to the Senate under clause (1) if--CommentsClose CommentsPermalink
`(i) the reimbursement is for necessary transportation, lodging, and related expenses for travel to a meeting, speaking engagement, factfinding trip, or similar event described in clause (1) in connection with the duties of the Member, officer, or employee and the reimbursement is provided only for attendance at or participation for 1-day (exclusive of travel time and an overnight stay) at an event described in clause (1); orCommentsClose CommentsPermalink
`(ii) the reimbursement is for necessary transportation, lodging, and related expenses for travel to a meeting, speaking engagement, factfinding trip, or similar event described in clause (1) in connection with the duties of the Member, officer, or employee and the reimbursement is from an organization designated under section 501(c)(3) of the Internal Revenue Code of 1986.CommentsClose CommentsPermalink
`(B) When deciding whether to preapprove a trip under this clause, the Select Committee on Ethics shall make a determination consistent with regulations issued pursuant to section 544(b) of the Honest Leadership and Open Government Act of 2007. The committee through regulations to implement subclause (A)(i) may permit a longer stay when determined by the committee to be practically required to participate in the event, but in no event may the stay exceed 2 nights.';CommentsClose CommentsPermalink
(3) in subparagraph (a)(3), as redesignated, by striking `clause (1)' and inserting `clauses (1) and (2)';CommentsClose CommentsPermalink
(4) in subparagraph (b), by inserting before `Each' the following: `Before an employee may accept reimbursement pursuant to subparagraph (a), the employee shall receive advance written authorization from the Member or officer under whose direct supervision the employee works.';CommentsClose CommentsPermalink
(5) in subparagraph (c)--CommentsClose CommentsPermalink
(A) by inserting before `Each' the following: `Each Member, officer, or employee that receives reimbursement under this paragraph shall disclose the expenses reimbursed or to be reimbursed, the authorization under subparagraph (b) (for an employee), and a copy of the certification in subparagraph (e)(1) to the Secretary of the Senate not later than 30 days after the travel is completed.';CommentsClose CommentsPermalink
(B) by striking `subparagraph (a)(1)' and inserting `this subparagraph';CommentsClose CommentsPermalink
(C) in clause (5), by striking `and' after the semicolon;CommentsClose CommentsPermalink
(D) by redesignating clause (6) as clause (7); andCommentsClose CommentsPermalink
(E) by inserting after clause (5) the following:CommentsClose CommentsPermalink
`(6) a description of meetings and events attended; and';CommentsClose CommentsPermalink
(6) by redesignating subparagraphs (d) and (e) as subparagraphs (f) and (g), respectively;CommentsClose CommentsPermalink
(7) by adding after subparagraph (c) the following:CommentsClose CommentsPermalink
`(d)(1) A Member, officer, or employee of the Senate may not accept a reimbursement (including payment in kind) for transportation, lodging, or related expenses under subparagraph (a) for a trip that was--CommentsClose CommentsPermalink
`(A) planned, organized, or arranged by or at the request of a registered lobbyist or agent of a foreign principal; orCommentsClose CommentsPermalink
`(B)(i) for trips described under subparagraph (a)(2)(A)(i) on which a registered lobbyist accompanies the Member, officer, or employee on any segment of the trip; orCommentsClose CommentsPermalink
`(ii) for all other trips allowed under this paragraph, on which a registered lobbyist accompanies the Member, officer, or employee at any point throughout the trip.CommentsClose CommentsPermalink
`(2) The Select Committee on Ethics shall issue regulations identifying de minimis activities by registered lobbyists or foreign agents that would not violate this subparagraph.CommentsClose CommentsPermalink
`(e) A Member, officer, or employee shall, before accepting travel otherwise permissible under this paragraph from any source--CommentsClose CommentsPermalink
`(1) provide to the Select Committee on Ethics a written certification from such source that--CommentsClose CommentsPermalink
`(A) the trip will not be financed in any part by a registered lobbyist or agent of a foreign principal;CommentsClose CommentsPermalink
`(B) the source either--CommentsClose CommentsPermalink
`(i) does not retain or employ registered lobbyists or agents of a foreign principal and is not itself a registered lobbyist or agent of a foreign principal; orCommentsClose CommentsPermalink
`(ii) certifies that the trip meets the requirements of subclause (i) or (ii) of subparagraph (a)(2)(A);CommentsClose CommentsPermalink
`(C) the source will not accept from a registered lobbyist or agent of a foreign principal or a private entity that retains or employs 1 or more registered lobbyists or agents of a foreign principal, funds earmarked directly or indirectly for the purpose of financing the specific trip; andCommentsClose CommentsPermalink
`(D) the trip will not in any part be planned, organized, requested, or arranged by a registered lobbyist or agent of a foreign principal and the traveler will not be accompanied on the trip consistent with the applicable requirements of subparagraph (d)(1)(B) by a registered lobbyist or agent of a foreign principal, except as permitted by regulations issued under subparagraph (d)(2); andCommentsClose CommentsPermalink
`(2) after the Select Committee on Ethics has promulgated regulations pursuant to section 544(b) of the Honest Leadership and Open Government Act of 2007, obtain the prior approval of the committee for such reimbursement.'; andCommentsClose CommentsPermalink
(8) by striking subparagraph (g), as redesignated, and inserting the following:CommentsClose CommentsPermalink
`(g) The Secretary of the Senate shall make all advance authorizations, certifications, and disclosures filed pursuant to this paragraph available for public inspection as soon as possible after they are received, but in no event prior to the completion of the relevant travel.'.CommentsClose CommentsPermalink
(b) Guidelines-CommentsClose CommentsPermalink
(1) IN GENERAL- Except as provided in paragraph (4) and not later than 60 days after the date of enactment of this Act and at annual intervals thereafter, the Select Committee on Ethics shall develop and revise, as necessary--CommentsClose CommentsPermalink
(A) guidelines, for purposes of implementing the amendments made by subsection (a), on evaluating a trip proposal and judging the reasonableness of an expense or expenditure, including guidelines related to evaluating--CommentsClose CommentsPermalink
(i) the stated mission of the organization sponsoring the trip;CommentsClose CommentsPermalink
(ii) the organization's prior history of sponsoring congressional trips, if any;CommentsClose CommentsPermalink
(iii) other educational activities performed by the organization besides sponsoring congressional trips;CommentsClose CommentsPermalink
(iv) whether any trips previously sponsored by the organization led to an investigation by the Select Committee on Ethics;CommentsClose CommentsPermalink
(v) whether the length of the trip and the itinerary is consistent with the official purpose of the trip;CommentsClose CommentsPermalink
(vi) whether there is an adequate connection between a trip and official duties;CommentsClose CommentsPermalink
(vii) the reasonableness of an amount spent by a sponsor of the trip;CommentsClose CommentsPermalink
(viii) whether there is a direct and immediate relationship between a source of funding and an event; andCommentsClose CommentsPermalink
(ix) any other factor deemed relevant by the Select Committee on Ethics; andCommentsClose CommentsPermalink
(B) regulations describing the information it will require individuals subject to the requirements of the amendments made by subsection (a) to submit to the committee in order to obtain the prior approval of the committee for travel under paragraph 2 of rule XXXV of the Standing Rules of the Senate, including any required certifications.CommentsClose CommentsPermalink
(2) CONSIDERATION- In developing and revising guidelines under paragraph (1)(A), the committee shall take into account the maximum per diem rates for official Federal Government travel published annually by the General Services Administration, the Department of State, and the Department of Defense.CommentsClose CommentsPermalink
(3) UNREASONABLE EXPENSE- For purposes of this subsection, travel on a flight described in paragraph 1(c)(1)(C)(ii) of rule XXXV of the Standing Rules of the Senate shall not be considered to be a reasonable expense.CommentsClose CommentsPermalink
(4) EXTENSION- The deadline for the initial guidelines required by paragraph (1) may be extended for 30 days by the Committee on Rules and Administration.CommentsClose CommentsPermalink
(c) Reimbursement for Noncommercial Air Travel-CommentsClose CommentsPermalink
(1) CHARTER RATES- Paragraph 1(c)(1) of rule XXXV of the Standing Rules of the Senate is amended by adding at the end the following:CommentsClose CommentsPermalink
`(C)(i) Fair market value for a flight on an aircraft described in item (ii) shall be the pro rata share of the fair market value of the normal and usual charter fare or rental charge for a comparable plane of comparable size, as determined by dividing such cost by the number of Members, officers, or employees of Congress on the flight.CommentsClose CommentsPermalink
`(ii) A flight on an aircraft described in this item is any flight on an aircraft that is not--CommentsClose CommentsPermalink
`(I) operated or paid for by an air carrier or commercial operator certificated by the Federal Aviation Administration and required to be conducted under air carrier safety rules; orCommentsClose CommentsPermalink
`(II) in the case of travel which is abroad, an air carrier or commercial operator certificated by an appropriate foreign civil aviation authority and the flight is required to be conducted under air carrier safety rules.CommentsClose CommentsPermalink
`(iii) This subclause shall not apply to an aircraft owned or leased by a governmental entity or by a Member of Congress or a Member's immediate family member (including an aircraft owned by an entity that is not a public corporation in which the Member or Member's immediate family member has an ownership interest), provided that the Member does not use the aircraft anymore than the Member's or immediate family member's proportionate share of ownership allows.'.CommentsClose CommentsPermalink
(2) UNOFFICIAL OFFICE ACCOUNTS- Paragraph 1 of rule XXXVIII of the Standing Rules of the Senate is amended by adding at the end the following:CommentsClose CommentsPermalink
`(c) For purposes of reimbursement under this rule, fair market value of a flight on an aircraft shall be determined as provided in paragraph 1(c)(1)(C) of rule XXXV.'.CommentsClose CommentsPermalink
(d) Review of Travel Allowances- Not later than 90 days after the date of enactment of this Act, the Subcommittee on the Legislative Branch of the Senate Committee on Appropriations, in consultation with the Committee on Rules and Administration of the Senate, shall consider and propose, as necessary in the discretion of the subcommittee, any adjustment to the Senator's Official Personnel and Office Expense Account needed in light of the enactment of this section, and any modifications of Federal statutes or appropriations measures needed to accomplish such adjustments.CommentsClose CommentsPermalink
(e) Separately Regulated Expenses- Nothing in this section or section 541 is meant to alter treatment under law or Senate rules of expenses that are governed by the Foreign Gifts and Decorations Act or the Mutual Educational and Cultural Exchange Act.CommentsClose CommentsPermalink
(f) Effective Date- The amendments made by subsections (a) and (b) shall take effect 60 days after the date of enactment of this Act or the date the Select Committee on Ethics issues new guidelines as required by subsection (b), whichever is later. Subsection (c) shall take effect on the date of enactment of this Act.CommentsClose CommentsPermalink
SEC. 545. FREE ATTENDANCE AT A CONSTITUENT EVENT.
(a) In General- Paragraph 1(c) of rule XXXV of the Standing Rules of the Senate is amended by adding at the end the following:CommentsClose CommentsPermalink
`(24) Subject to the restrictions in subparagraph (a)(2)(A), free attendance at a constituent event permitted pursuant to subparagraph (g).'.CommentsClose CommentsPermalink
(b) In General- Paragraph 1 of rule XXXV of the Standing Rules of the Senate is amended by adding at the end the following:CommentsClose CommentsPermalink
`(g)(1) A Member, officer, or employee may accept an offer of free attendance in the Member's home State at a conference, symposium, forum, panel discussion, dinner event, site visit, viewing, reception, or similar event, provided by a sponsor of the event, if--CommentsClose CommentsPermalink
`(A) the cost of meals provided the Member, officer, or employee is less than $50;CommentsClose CommentsPermalink
`(B)(i) the event is sponsored by constituents of, or a group that consists primarily of constituents of, the Member (or the Member by whom the officer or employee is employed); andCommentsClose CommentsPermalink
`(ii) the event will be attended primarily by a group of at least 5 constituents of the Member (or the Member by whom the officer or employee is employed) provided that a registered lobbyist shall not attend the event; andCommentsClose CommentsPermalink
`(C)(i) the Member, officer, or employee participates in the event as a speaker or a panel participant, by presenting information related to Congress or matters before Congress, or by performing a ceremonial function appropriate to the Member's, officer's, or employee's official position; orCommentsClose CommentsPermalink
`(ii) attendance at the event is appropriate to the performance of the official duties or representative function of the Member, officer, or employee.CommentsClose CommentsPermalink
`(2) A Member, officer, or employee who attends an event described in clause (1) may accept a sponsor's unsolicited offer of free attendance at the event for an accompanying individual if others in attendance will generally be similarly accompanied or if such attendance is appropriate to assist in the representation of the Senate.CommentsClose CommentsPermalink
`(3) For purposes of this subparagraph, the term `free attendance' has the same meaning given such term in subparagraph (d).'.CommentsClose CommentsPermalink
SEC. 546. SENATE PRIVATELY PAID TRAVEL PUBLIC WEBSITE.
(a) Travel Disclosure- Not later than January 1, 2008, the Secretary of the Senate shall establish a publicly available website without fee or without access charge, that contains information on travel that is subject to disclosure under paragraph 2 of rule XXXV of the Standing Rules of the Senate, that includes, with respect to travel occurring on or after January 1, 2008--CommentsClose CommentsPermalink
(1) a search engine;CommentsClose CommentsPermalink
(2) uniform categorization by Member, dates of travel, and any other common categories associated with congressional travel; andCommentsClose CommentsPermalink
(3) forms filed in the Senate relating to officially related travel.CommentsClose CommentsPermalink
(b) Retention- The Secretary of the Senate shall maintain the information posted on the public Internet site of the Office of the Secretary under this section for a period not longer than 4 years after receiving the information.CommentsClose CommentsPermalink
(c) Extension of Authority- If the Secretary of the Senate is unable to meet the deadline established under subsection (a), the Committee on Rules and Administration of the Senate may grant an extension of the Secretary of the Senate.CommentsClose CommentsPermalink
(e) Authorization of Appropriations- There are authorized to be appropriated such sums as are necessary to carry out this section.CommentsClose CommentsPermalink
Subtitle E--Other Reforms
SEC. 551. COMPLIANCE WITH LOBBYING DISCLOSURE.
Rule XXXVII of the Standing Rules of the Senate is amended by--CommentsClose CommentsPermalink
(1) redesignating paragraphs 10 through 13 as paragraphs 11 through 14, respectively; andCommentsClose CommentsPermalink
(2) inserting after paragraph 9, the following:CommentsClose CommentsPermalink
`10. Paragraphs 8 and 9 shall not apply to contacts with the staff of the Secretary of the Senate regarding compliance with the lobbying disclosure requirements of the Lobbying Disclosure Act of 1995.'.CommentsClose CommentsPermalink
SEC. 552. PROHIBIT OFFICIAL CONTACT WITH SPOUSE OR IMMEDIATE FAMILY MEMBER OF MEMBER WHO IS A REGISTERED LOBBYIST.
Rule XXXVII of the Standing Rules of the Senate is amended by--CommentsClose CommentsPermalink
(1) redesignating paragraphs 11 through 14 as paragraphs 12 through 15, respectively; andCommentsClose CommentsPermalink
(2) inserting after paragraph 10, the following:CommentsClose CommentsPermalink
`11. (a) If a Member's spouse or immediate family member is a registered lobbyist, or is employed or retained by such a registered lobbyist or an entity that hires or retains a registered lobbyist for the purpose of influencing legislation, the Member shall prohibit all staff employed or supervised by that Member (including staff in personal, committee, and leadership offices) from having any contact with the Member's spouse or immediate family member that constitutes a lobbying contact as defined by section 3 of the Lobbying Disclosure Act of 1995 by such person.CommentsClose CommentsPermalink
`(b) Members and employees on the staff of a Member (including staff in personal, committee, and leadership offices) shall be prohibited from having any contact that constitutes a lobbying contact as defined by section 3 of the Lobbying Disclosure Act of 1995 by any spouse of a Member who is a registered lobbyist, or is employed or retained by such a registered lobbyist.CommentsClose CommentsPermalink
`(c) The prohibition in subparagraph (b) shall not apply to the spouse of a Member who was serving as a registered lobbyist at least 1 year prior to the most recent election of that Member to office or at least 1 year prior to his or her marriage to that Member.'.CommentsClose CommentsPermalink
SEC. 553. MANDATORY SENATE ETHICS TRAINING FOR MEMBERS AND STAFF.
(a) Training Program- The Select Committee on Ethics shall conduct ongoing ethics training and awareness programs for Members of the Senate and Senate staff.CommentsClose CommentsPermalink
(b) Requirements- The ethics training program conducted by the Select Committee on Ethics shall be completed by--CommentsClose CommentsPermalink
(1) new Senators or staff not later than 60 days after commencing service or employment; andCommentsClose CommentsPermalink
(2) Senators and Senate staff serving or employed on the date of enactment of this Act not later than 165 days after the date of enactment of this Act.CommentsClose CommentsPermalink
SEC. 554. ANNUAL REPORT BY SELECT COMMITTEE ON ETHICS.
The Select Committee on Ethics of the Senate shall issue an annual report due no later than January 31, describing the following:CommentsClose CommentsPermalink
(1) The number of alleged violations of Senate rules received from any source, including the number raised by a Senator or staff of the committee.CommentsClose CommentsPermalink
(2) A list of the number of alleged violations that were dismissed--CommentsClose CommentsPermalink
(A) for lack of subject matter jurisdiction or, in which, even if the allegations in the complaint are true, no violation of Senate rules would exist; orCommentsClose CommentsPermalink
(B) because they failed to provide sufficient facts as to any material violation of the Senate rules beyond mere allegation or assertion.CommentsClose CommentsPermalink
(3) The number of alleged violations in which the committee staff conducted a preliminary inquiry.CommentsClose CommentsPermalink
(4) The number of alleged violations that resulted in an adjudicatory review.CommentsClose CommentsPermalink
(5) The number of alleged violations that the committee dismissed for lack of substantial merit.CommentsClose CommentsPermalink
(6) The number of private letters of admonition or public letters of admonition issued.CommentsClose CommentsPermalink
(7) The number of matters resulting in a disciplinary sanction.CommentsClose CommentsPermalink
(8) Any other information deemed by the committee to be appropriate to describe its activities in the preceding year.CommentsClose CommentsPermalink
SEC. 555. EXERCISE OF RULEMAKING POWERS.
The Senate adopts the provisions of this title--CommentsClose CommentsPermalink
(1) as an exercise of the rulemaking power of the Senate; andCommentsClose CommentsPermalink
(2) with full recognition of the constitutional right of the Senate to change those rules at any time, in the same manner, and to the same extent as in the case of any other rule of the Senate.CommentsClose CommentsPermalink
SEC. 5556. EFFECTIVE DATE AND GENERAL PROVISIONS.
Except as otherwise provided in this title, this title shall take effect on the date of enactment of this title.CommentsClose CommentsPermalink
TITLE VI--PROHIBITED USE OF PRIVATE AIRCRAFT
SEC. 601. RESTRICTIONS ON USE OF CAMPAIGN FUNDS FOR FLIGHTS ON NONCOMMERCIAL AIRCRAFT.
(a) Restrictions- Section 313 of the Federal Election Campaign Act of 1971 (
`(c) Restrictions on Use of Campaign Funds for Flights on Noncommercial Aircraft-CommentsClose CommentsPermalink
`(1) IN GENERAL- Notwithstanding any other provision of this Act, a candidate for election for Federal office (other than a candidate who is subject to paragraph (2)), or any authorized committee of such a candidate, may not make any expenditure for a flight on an aircraft unless--CommentsClose CommentsPermalink
`(A) the aircraft is operated by an air carrier or commercial operator certificated by the Federal Aviation Administration and the flight is required to be conducted under air carrier safety rules, or, in the case of travel which is abroad, by an air carrier or commercial operator certificated by an appropriate foreign civil aviation authority and the flight is required to be conducted under air carrier safety rules; orCommentsClose CommentsPermalink
`(B) the candidate, the authorized committee, or other political committee pays to the owner, lessee, or other person who provides the airplane the pro rata share of the fair market value of such flight (as determined by dividing the fair market value of the normal and usual charter fare or rental charge for a comparable plane of comparable size by the number of candidates on the flight) within a commercially reasonable time frame after the date on which the flight is taken.CommentsClose CommentsPermalink
`(2) HOUSE CANDIDATES- Notwithstanding any other provision of this Act, in the case of a candidate for election for the office of Representative in, or Delegate or Resident Commissioner to, the Congress, an authorized committee and a leadership PAC of the candidate may not make any expenditure for a flight on an aircraft unless--CommentsClose CommentsPermalink
`(A) the aircraft is operated by an air carrier or commercial operator certificated by the Federal Aviation Administration and the flight is required to be conducted under air carrier safety rules, or, in the case of travel which is abroad, by an air carrier or commercial operator certificated by an appropriate foreign civil aviation authority and the flight is required to be conducted under air carrier safety rules; orCommentsClose CommentsPermalink
`(B) the aircraft is operated by an entity of the Federal government or the government of any State.CommentsClose CommentsPermalink
`(3) EXCEPTION FOR AIRCRAFT OWNED OR LEASED BY CANDIDATE-CommentsClose CommentsPermalink
`(A) IN GENERAL- Paragraphs (1) and (2) do not apply to a flight on an aircraft owned or leased by the candidate involved or an immediate family member of the candidate (including an aircraft owned by an entity that is not a public corporation in which the candidate or an immediate family member of the candidate has an ownership interest), so long as the candidate does not use the aircraft more than the candidate's or immediate family member's proportionate share of ownership allows.CommentsClose CommentsPermalink
`(B) IMMEDIATE FAMILY MEMBER DEFINED- In this subparagraph (A), the term `immediate family member' means, with respect to a candidate, a father, mother, son, daughter, brother, sister, husband, wife, father-in-law, or mother-in-law.CommentsClose CommentsPermalink
`(4) LEADERSHIP PAC DEFINED- In this subsection, the term `leadership PAC' has the meaning given such term in section 304(i)(8)(B).'.CommentsClose CommentsPermalink
(b) Effective Date- The amendment made by subsection (a) shall apply with respect to flights taken on or after the date of the enactment of this Act.CommentsClose CommentsPermalink
TITLE VII--MISCELLANEOUS PROVISIONS
SEC. 701. SENSE OF THE CONGRESS THAT ANY APPLICABLE RESTRICTIONS ON CONGRESSIONAL OFFICIALS AND EMPLOYEES SHOULD APPLY TO THE EXECUTIVE AND JUDICIAL BRANCHES.
It is the sense of the Congress that any applicable restrictions on congressional officials and employees in this Act should apply to the executive and judicial branches.CommentsClose CommentsPermalink
SEC. 702. KNOWING AND WILLFUL FALSIFICATION OR FAILURE TO REPORT.
Section 104(a) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended--CommentsClose CommentsPermalink
(1) by inserting `(1)' after `(a)';CommentsClose CommentsPermalink
(2) in paragraph (1), as so designated, by striking `$10,000' and inserting `$50,000'; andCommentsClose CommentsPermalink
(3) by adding at the end the following:CommentsClose CommentsPermalink
`(2)(A) It shall be unlawful for any person to knowingly and willfully--CommentsClose CommentsPermalink
`(i) falsify any information that such person is required to report under section 102; andCommentsClose CommentsPermalink
`(ii) fail to file or report any information that such person is required to report under section 102.CommentsClose CommentsPermalink
`(B) Any person who--CommentsClose CommentsPermalink
`(i) violates subparagraph (A)(i) shall be fined under title 18, United States Code, imprisoned for not more than 1 year, or both; andCommentsClose CommentsPermalink
`(ii) violates subparagraph (A)(ii) shall be fined under title 18, United States Code.'.CommentsClose CommentsPermalink
SEC. 703. RULE OF CONSTRUCTION.
Nothing in this Act or the amendments made by this Act shall be construed to prohibit any expressive conduct protected from legal prohibition by, or any activities protected by the free speech, free exercise, or free association clauses of, the First Amendment to the Constitution.CommentsClose CommentsPermalink
Attest:
Clerk.
Vice President of the United States andCommentsClose CommentsPermalink
President of the Senate.CommentsClose CommentsPermalink
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